Case Study: Beaton V. Mcdivitt

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Is there consideration? In Beaton v McDivitt, Justice Kirby has highlighted that consideration is required to enforce a promise at law. Additionally, consideration must be satisfied in the form of a price in return for the promise, which is known as the principle of quid pro quo. The question here is whether JJ has given any consideration to Whitney for the promise of $200.

In order to establish sufficient consideration, JJ must fulfil the benefit/detriment and bargain requirement. A consideration may consist a benefit to one party, or some detriment undertaken by the other.

JJ would argue that she has experienced detriment as she had not left the house for a week in order to execute Whitney’s request of reading three Murnane novels within