haya.Learning made clear
Intention to create legal relations; consideration and causa sheet
Essay frame

Compare the English doctrine of consideration with the Roman-Dutch doctrine of causa as applied in Sri Lanka.

How to lay out the answer. Follow the frame, then write it in your own words.

  1. 1 · Open in two lines. Both doctrines decide which promises the law will enforce. English law asks for a bargain; Roman-Dutch law asks for a serious intention.
  2. 2 · Define consideration. A benefit to one party or a detriment to the other (Currie v Misa).
  3. 3 · Rules of consideration.
    • Moves from the promisee; need not be adequate but must be sufficient.
    • Past consideration is no consideration (Re McArdle); existing duty is not enough (Stilk v Myrick).
  4. 4 · Explain causa. A serious and deliberate intention to be bound; a gratuitous promise can be enforced.
  5. 5 · The Sri Lankan position. Jayawickreme v Amarasuriya (Privy Council, 1918): causa is wider than consideration, so a promise made to discharge a moral duty was enforced; English rules apply where statute brings English law in.
  6. 6 · Compare in a table. [Table: basis / gift promises / where it applies / leading case]
  7. 7 · In Sri Lankan business. A seriously made written donation promise by a Kandy businessman may bind him through causa.
  8. 8 · Close in one line. In Sri Lanka, causa is the general rule and consideration the exception.

Scoring tip: Name Jayawickreme v Amarasuriya. It is the single most Sri Lankan point in the whole contract syllabus.