Farmgirl Broke the Contract with Pastaman Essay Example | Topics and Well Written Essays - 500 words

Farmgirl Broke the Contract with Pastaman - Essay Example The agreement between Pastaman and Farmgirl bore all the hallmarks for the existence of adequate consideration. According to Pollock (1906), one of the most basic elements to test for consideration is the premise that something must move from the offeree to the offeror. That is, the person making the offer must be expecting something in return. In this case, Pastaman offer to buy all of Farmgirl’s produce, including the excess was the item that was moving from him to Farmgirl. On the other hand, Farmgirl’s acceptance to sell all her produce to Pastaman, and no excess to a third party without his consent was the item that was moving from her to Pastaman. However, the alibi of consideration here became subjective or destroyed, given that her agreement to the contract was an aspect of detrimental reliance (Gordley, 1997) on Pastaman’s agent who claimed that their company had never sought the enforcement of the consideration clause. Farmgirl obviously acted on the be lief that there was no consideration and she had no obligation to respect the terms of not selling her excess tomatoes to a third party. As was seen in the famous case of Tweddle v Atkinson (1861)1 if no consideration is present, then the contract may not be enforceable, even if it contains a clause to the effect that it should be enforceable. In this landmark case, the absence of consideration prevented Tweddle implying a contract between himself and Atkinson (see: TweddleVAtkinson1861). However, Powell (1790) contended that another important factor that showed consideration was forbearance. That is, the consideration is said to exist when one party accepts to fail to carry out an act. Farmgirl never agreed to seek Pastaman’s consent before selling her excess tomatoes to third parties. So there wasn’t any act of forbearance here and hence any consideration.