Does payment for 'friendliness' amount to consideration?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rod

Lawyer
LawTap Verified
27 May 2014
6,786
928
2,894
Tell us what you think and why. Specifically address whether any consideration has been provided. More detail is required as well. Is the amount of money $1, or $1M? Think whether a service is being provided. If it is $1 for one week, is a peppercorn sufficient? If it is $1M would the situation change? And what is meant by friendly? Is this term void for uncertainty?
 
1 April 2020
2
0
1
Hi Rod,
Thank you for the response.

Well, this is what I am confused on. My understanding is that natural love and affection wouldn’t usually be seen as good consideration within the court. Does friendliness fall into that category and to be ‘friendly’ must have a high degree of uncertainty (how would you measure that without specifying what is intended by being friendly)?
There is definitely consideration from A - the sum of money and the dollar amount doesn’t necessarily matter, because consideration doesn’t have to fair - then there is also a specified amount of time. So there is intention to be legally bound in my opinion.

However, what is B giving up?

If this were a case of A asking B to stop bullying for a payment, maybe it would be more straight forward?

Thank you
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,786
928
2,894
Good discussion as per Tweddle v Atkinson.

There is insufficient information in your original question to give a definitive answer. So just discuss, with references.

Don't go into intention, that is a different element to consideration.