Consideration & Gifts Flashcards
consists of a benefit to the promisor or a detriment to the promisee
Consideration
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.
Consideration
it induces the other partys’ promise
Consideration
When the donor intends to make a gift to the donee upon satisfaction of a condition.
Conditional Gift
A contract that has been fully performed by both parties.
Executed contract
A contract that remains wholly unperformed or for which there remains something still to be done on both sides.
Executory contract
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.
Illusory Promise