Considerations Ch.14 Flashcards
What each party to a contract gives up to the other in making their agreement.
Consideration
Is a gift enforceable
No
A promise to refrain from doing something that you have a legal right to do, counts as an If.
Forbearance
What is an exception for a gift being enforceable?
charitable subscriptions
A promise where a party appears to be obligated, but is in fact not, a Quasi Contract
Illusory Promise
Doing something you are already legally obligated to do does not count as a consideration.
Preexisting legal obligation
An exception to PLO, where the basis of the adjustment was outside of both parties’ knowledge.
Good Faith Exemption
“When the contract is for the sale of goods, any modification made in good faith by the parties to the contract is binding without regard to the existence of consideration for the modification.”
Contract of Sale of goods
If a debtor partially pays the debt before the deadline with agreement from the creditor as an exception for full payment, it is consideration.
Compromise and release of claims
“agreement among creditors that each shall accept a part payment as full payment in consideration of the other creditors doing the same”
Composition of Creditors
If there was an act performed in the past cannot be a consideration for a promise in the present.
Past Consideration
Is Moral Obligation consideration
no
Terms in a contract how to about what is necessary to leave a contract
Cancelation Provisions