Consideration & Gifts Flashcards

1
Q

consists of a benefit to the promisor or a detriment to the promisee

A

Consideration

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2
Q

must actually be bargained for as the exchange for the promise.
This does not mean that the parties must actually bargain over the terms of the agreement.
It means: the promise must induce the detriment and the detriment must induce the promise.

A

Consideration

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3
Q

it induces the other partys’ promise

A

Consideration

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4
Q

When the donor intends to make a gift to the donee upon satisfaction of a condition.

A

Conditional Gift

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5
Q

A contract that has been fully performed by both parties.

A

Executed contract

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6
Q

A contract that remains wholly unperformed or for which there remains something still to be done on both sides.

A

Executory contract

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7
Q

A promise or apparent promise is not consideration if by its terms the promisor or purported promisor reserves a choice of alternative performances unless
each of the alternative performances would have been consideration if it alone had been bargained for; or
one of the alternative performances would have been consideration and there is or appears to the parties to be a substantial possibility that before the promisor exercises his choice events may eliminate the alternatives which would not have been consideration.

A

Illusory Promise

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