History Of Consideration Essay

7730 words - 31 pages

THE DOCTRINE OF CONSIDERATION (The role of consideration in contract modifications)
by
John Wilson Twyford
A dissertation
Submitted for the degree of
Doctor of Juridical Science
University of Technology, Sydney
February 2002

i
CERTIFICATE OF AUTHORSHIP/ORIGINALITY I certify that the work in this dissertation has not previously been submitted for a degree
nor has it been submitted as part of the requirements for a degree except as fully
acknowledged within the text.
I also certify that the dissertation has been written by me. Any help that I received in my
research work and the preparation of this dissertation itself has been acknowledged. In
addition, I certify that all information sources and literature used are indicated in the
dissertation.
John Wilson Twyford

ii
ACKNOWLEDGEMENTS I would like to acknowledge the generous assistance given to me in the preparation of
this dissertation by my Principal Supervisor Mr Geoffrey Moore and my Co-supervisor
Dr David Meltz.
John Wilson Twyford

iii
THE DOCTRINE OF CONSIDERATION (The role of consideration in contract modifications)
TABLE OF CONTENTS Certificate..................................................................................................................i
Acknowledgements................................................................................................. ii
Table of Contents ................................................................................................... iii
Table of Cases.........................................................................................................vi
Abstract ...................................................................................................................xi
CHAPTER 1 Objects ...........................................................................................1 Introduction ...............................................................................................1
Contract variations ....................................................................................2
Satisfying the consideration requirement for contract modifications .......4
The role of equitable estoppel in contract modifications ..........................6
Approach....................................................................................................6
CHAPTER 2 Historical development of the doctrine of consideration.8 2.1 The origins of the doctrine of consideration..............................................8
2.2 The history of the doctrine.......................................................................10
2.3 Attempts to define consideration .............................................................16
2.4 Contracts as bargains ...............................................................................17
2.5 What is a bargain?....................................................................................17
2.6 Evolution of bargain theory...

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