Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
May 26, 2006

Contract Pt.3

I had broken off our discussion of the contract to bring you a bit on the sub judicate rule and this week we will continue from where we left off.

Consideration

The agreement is made up basically of an offer and acceptance but to make it a binding contract there must be consideration, that is, there are things of value that are actually exchanged. It is usually something such as land or goods and they are exchanged for money.{{more}}

Consideration need not be adequate but it must be sufficient. In a deed of gift for land consideration is given in the form of love and affection and not money.

The old English case, Carrie v Misa (1875), points out the elements that constitute consideration. These include a right, benefits, detriment and forbearance. We may stress the detriment aspect of consideration as both parties suffer a detriment to gain a benefit. If you rent your house to a friend for $100 per year the consideration is adequate and the contract will be a valid contract.

If something is done some time in the past it cannot the contracted for at present as past consideration is not valid. This is because consideration is usually established at the time of the promise. However, if something is done and it was expected that there would be payment at some later time then perhaps a contract could be inferred. Goods that are smuggled cannot be good consideration. You cannot approach the court for compensation, as the consideration is not valid.

Legal Intent

A contract could have the essential elements of offer, acceptance and consideration but if there is no legal intent then there could be no binding contract and the court will not intervene. It is not unusual for members of a family to make a contract and then go to the court to have it decided as a contract. These are usually suspect and the court will not necessarily see this at a binding contract. The law recognizes that many trivial and absurd domestic arrangements may end up in court and engage the court’s time, hence it is in commercial agreements that legal intent is anticipated.

Capacity

A person must have the capacity to contract, that is, a person must be 18 years and over to make a contract. Where he is 18 years old but he is drunk he cannot make a binding contract.

In the document that your lawyer drafts up, the contract will have conditions and terms. After you have committed yourself in terms of the written document you cannot go to court to later bring oral evidence to suggest a new condition to the contract. If you have made a contract and the other party has acted on whatever was agreed, you cannot go back on your word. If you have made a contract with your mechanic, his son cannot sue you on the contract because there is no privity of contract. Privity of contract occurs between the signatories to the contract or those who actually make the contract. There are some special situations when a third person will be able to sue as when the personal representative of the deceased acts for the estate. Where a mistake was made or there was misrepresentation, undue influence, or duress the contract may be unenforceable.

Remedies

If you suffer because of a broken contact the law provides compensation for the damages that you suffer. However, equity offers some even better relief. These will be discussed in a later article article.

• Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Brit nabbed at AIA fined $60,000 for cocaine
    Front Page
    Brit nabbed at AIA fined $60,000 for cocaine
    Webmaster 
    March 27, 2026
    A 19- year- old citizen United Kingdom citizen who was nabbed with cocaine at the Argyle International Airport (AIA) was fined a total of $60,000 for ...
    No official report of local fishers accosted by US Coast Guard says National Security Minister
    Front Page
    No official report of local fishers accosted by US Coast Guard says National Security Minister
    Webmaster 
    March 27, 2026
    There has been no official report that Vincentian fishermen plying their trade in this country’s Exclusive Economic Zone were accosted by United State...
    Opposition Leader rebukes Education Minister over remarks about teachers
    Front Page
    Opposition Leader rebukes Education Minister over remarks about teachers
    Webmaster 
    March 27, 2026
    Former Prime Minister Dr Ralph Gonsalves, has taken issue with recent statements made by Minister of Education Phillip Jackson about teachers. Speakin...
    Three violent deaths in three days
    Front Page
    Three violent deaths in three days
    Webmaster 
    March 27, 2026
    Three men were violently killed in three days in three separate incidents in St Vincent and the Grenadines (SVG), bringing the homicide count to 10 fo...
    Assistant Police Commissioner warns about “romanticising disorder”
    Front Page
    Assistant Police Commissioner warns about “romanticising disorder”
    Webmaster 
    March 27, 2026
    Adults across St. Vincent and the Grenadines (SVG) have been urged to take early warning signs of bad behaviour in children seriously, warning that ig...
    Barrouallie man charged in chopping death of Mont-I
    Front Page
    Barrouallie man charged in chopping death of Mont-I
    Webmaster 
    March 27, 2026
    A Barrouallie man is now on remand after he was charged with the chopping death of soca artiste and well-known social media personality, Mont-I. Keon ...
    News
    Government says students not returning after studies is worrying
    News
    Government says students not returning after studies is worrying
    Webmaster 
    March 27, 2026
    There is a worrying trend in St Vincent and the Grenadines (SVG) where students who leave these shores to pursue studies overseas are not returning, c...
    History of SVG sold out at Launch
    News
    History of SVG sold out at Launch
    Webmaster 
    March 27, 2026
    The launch of Volume One of ‘St.Vincent and the Grenadines: A General History to the Year 2025’ was well received by the Vincentian public as almost 3...
    No truth to it, says Minister of Higher Education
    News
    No truth to it, says Minister of Higher Education
    Webmaster 
    March 27, 2026
    Minister of Higher Education, Terrance Ollivierre has refuted claims that Vincentian university students are being disadvantaged due to the non- payme...
    News
    Taiwan to help boost SVG’s National Security
    Webmaster 
    March 27, 2026
    The national security mechanisms in St Vincent and the Grenadines (SVG) are expected to benefit as a result of policy visits made to the National Poli...
    News
    Technical Institutes Promote Hands-On Training Amid Participation Concerns
    Webmaster 
    March 27, 2026
    Other than the Division of Technical/Vocational Education of the St Vincent and the Grenadines Community College (SVGCC), there are five technical Ins...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok