Contract Law: Requirement 3 Consideration Flashcards
What is consideration in contract law?
An agreement is not a contract unless both parties to the agreement have paid or prom,ise to pay, a price. The contribution of each party to thye agreement is called a consideration.
What forms can a consideration take?
- The payment of money
- The provision of goods
- The provision of a service
- The undertaking of an onerous obligation
- Refraining from doing something (ie agreeing not to sue)
- A promise to do any of these things
What is a vague promise?
A vague promise in contract law is a promise with insufficient consideration. That is if you agree to ‘be nice’ in exchange for something.
What is a Deed?
A deed is a formal contract. It is considered ‘signed, sealed and delivered’ (as in a mortgage)
What is the doctrine of promissory estoppel?
The principle that a priomise will be legally enforceable even if the promisee has not provided consideration for the promise, as long as certain requirements are satisfied.
Which contracts need to be in writing?
- Arbitration agreements
- Assignements of copyright, designs and patents
- Assignements of life insurance policies
- Bills of exchange and promissory notes
- Cheques
- Consumer credit contracts
- Hire-purchase contracts
- transfers of shares
Who does not have legal capacity to enter into a contract?
- A minor
2. A person lacking intellectual capacity
Can a child form a contract?
Yes. A child can form, and enforce a contract.