Statute of Frauds and the Doctrine of Consideration

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Statute of Frauds and the Doctrine of Consideration (1937) Cmnd 5449 was a report by the Law Revision Committee on the consideration and formality in English contract law and other areas. It did not recommend abolition of the doctrine of consideration but made a series of recommendations to overturn the existing restrictions that had been developed by some common law courts.

Overview[edit]

The Law Revision Committee recommend the following transactions should be binding per se.

  • promises in writing
  • promises for past consideration
  • promises to accept part payments of debt to discharge the whole
  • promising to do what one is already bound to do
  • firm offers, where it is open for a period
  • promises detrimentally relied on by the promise, where the promisor should have known reliance would happen

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Notes[edit]