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Which two aspects of the doctrine of consideration are most incongruent with common sense and commercial practice? Should this area of law accord with common sense and commercial practice?
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CONTRACT LAW LAW 206 WORD COUNT: - 3100 REGISTRATION NUMBER: - 0002 1612 8 022 ESSAY TOPIC: WHICH TWO ASPECTS OF THE DOCTRINE OF CONSIDERATION ARE MOST INCONGRUENT WITH COMMON SENSE AND COMMERCIAL PRACTICE? SHOULD THIS AREA OF LAW ACCORD WITH COMMON SENSE AND COMMERCIAL PRACTICE? WHICH TWO ASPECTS OF THE DOCTRINE OF CONSIDERATION ARE MOST INCONGRUENT WITH COMMON SENSE AND COMMERCIAL PRACTICE? SHOULD THIS AREA OF LAW ACCORD WITH COMMON SENSE AND COMMERCIAL PRACTICE? It is generally accepted within the law of contract that the ideal[s] of contractual fairness and liberty should prevail in contractual disputes. Central to these ideals is the doctrine of consideration and the principles within this doctrine such as, the lack of adequacy needed for consideration and the rules derived from both Stilk v Myrick [1809] 2 Camp 317 and Esp. 129 and Williams v Roffey [1991] 1 Q.B. 1. Rationality and commercial practice it could be argued have been shunned in...
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