promise in return to a promise or mutual promise

Executory consideration
case:
K. MURUGESU V NADARAJAH

Performance of an act in return to a Promise

Execute consideration
Categories of consideration case:
CARLILL V CARBOLIC SMOKE BALL CO. (1893)

Past act in return to a promise where, a consideration

has been made before the promise is done.
section 2(d); "when, at the desire of the promisor,
case: the promisee or any other person has done or abstained
definition Past consideration
CURRIE V MISA (1875) from doing...or does...or promises...something, such act... case:
is called a consideration..." LAMPLEIGH V BRATHWAIT (1615)
section 2(d);
"has done or abstrained from doing"
case:
KEPONG PROSPECTING LTD V A.E. SCHMIDT (1968)
section 26, provides;
"an agreement made without consideration is void..."

CONSIDERATION case:
section 26(a);
PHANG SWEE KIM V BEH I HOCK (1964) MLJ 383
"an agreement...without consideration is void, unless it is expressed Explaination 2, section 26;
in writing and registered..., and is made on account of natural love and affection Adequacy of consideartion "an agreement to which the consent of the promisor
between parties standing in a near relation to each other." is freely given is not void merely because the consideration is inadequate..."
case:
BOLTON V MADDEN (1873)

made in writing
contract made on account of section 2(d);
natural love and affection consideration not necessarily must case:
consideration may come from the
must be registered depends on the following conditions Necessity/ requirement of consideration come from the promisee VENKATA CHINNAYA V VERIKATARAMAYA
"promisee or any other person".

on an account of natural love and affection and near relation.

section 64;
"every promisee may dispense with or remit, wholly
case: or in part, the performance of the promise made to him..."
RE TAN SOH SIM (1951)
Malaysian Law
Rules governing consideration
case:
Section 26(b) [1st Limb]; PAN AH BA & ANOR V NANYANG CONSTRUCTION SDN BHD
"an agreement...without consideration is void, unless... (1969)
it is a promise to compensate,...a person who has
already voluntarily done something for the promisor..." happends when the promisee dispensed with/
Exception waived payment of a smaller sum in discharged of a larger sum
his right, wholly or in part, any performance of
the promise made to him in an agreement.
to compensate contract to compensate
case:
2 conditions a past voluntary act
HIRACHAND PUNAMCHAND V TEMPLE (1911)
voluntarily part payment by a third party in
discharged of a debt
case:
Methods of waiver of performance
case: KERPA SINGH V BARIAM SINGH (1966)
J.M. WOTHERSPOON & CO LTD V HENRY AGENCY HOUSE waiver of performance
(1962)
if a person accepts an agreed sum in satisfaction
of an unascertained debt, that debt is discharged

section 26(c);
"an agreement...without consideration is void, unless...it is
composition with creditor for the payment of a smaller sum.
a promise,...in writing and signed...to pay wholly or in part a contract to pay a statute-barred debt
debt of which the creditor might have enforced payment but for
the limitation of suits."
case:
PINNEL'S CASE (1602)