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need complete answer about Requirements of a valid consideration with decided cases

2007-05-15 23:54:33 · 1 answers · asked by Nadeeka R 1 in Politics & Government Law & Ethics

1 answers

Consideration is a central concept in the common law of contracts and contract theory:

Consideration is a controversial requirement for contracts under common law (for example money). It is not necessary in civil law systems, and for that reason has come under increasing criticism. The idea is that both parties to a contract must bring something to the bargain. This can be either conferring an advantage on the other party, or incurring some kind of detriment or inconvenience. Three rules govern consideration.

Consideration must be sufficient, but need not be adequate. For instance, agreeing to buy a car for a penny may constitute a binding contract. While consideration need not be adequate, contracts in which the consideration of one party greatly exceeds that of another may nevertheless be held invalid for lack of sufficient consideration. In such cases, the fact that the consideration is exceedingly unequal can be evidence that there was no consideration at all. Such contracts may also be held invalid for other reasons such as fraud, duress, unequal bargaining power, or contrary to public policy. In some situations, a collateral contract may exist, whereby the existence of one contract provides consideration for another. Critics say consideration can be so small as to make the requirement of any consideration meaningless.

Consideration must not be from the past. For instance, in Eastwood v. Kenyon, the guardian of a young girl raised a loan to educate the girl and to improve her marriage prospects. After her marriage, her husband promised to pay off the loan. It was held that the guardian could not enforce the promise as taking out the loan to raise and educate the girl was past consideration, because it was completed before the husband promised to repay it.
Consideration must move from the promisee. For instance, it is good consideration for person A to pay person C in return for services rendered by person B. If there are joint promisees, then consideration need only to move from one of the promisees.

2007-05-16 00:41:30 · answer #1 · answered by FRAGINAL, JTM 7 · 1 0

Valid Consideration

2016-11-09 20:37:38 · answer #2 · answered by knipp 4 · 0 0

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Requirements of a valid consideration?
need complete answer about Requirements of a valid consideration with decided cases

2015-08-19 08:46:55 · answer #3 · answered by Ruella 1 · 0 0

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