enforceability of a contract - contract law Flashcards
0ffer plus acceptance equals what
agreement
what is consideration?
the same as a valid offer and acceptance a contract needs consideration. there is not a valid contract if there is consideration therefore it is an important as acceptance and the offer.
the same as valid offer and acceptance a contract needs consideration. there is not a valid contract if not consideration therefore it is an important as acceptance and the offer.
in this context what is consideration
essentially making a promise in exchange for something.
HINT - REMEBER CONSIDERATION AS THE THING THAT EACH PARTY IS EXCAHNAGED.
an example of consideration
if someone gives yu a choclate bar and you DONt pay for it this is merely a gift not a contract. if you paid for the choclate bar the promise to pay the money and the choclate bar is consideration from both parties.
Legal definition
outlined the case of Currie v misa (1875) = Some right,interest,profit or benefit accuring to one party or some forbearance, detriment loss or responability give, suffered or undertaken ny the otehr.
another legal defiition of consideration
an act of forbearance of the one party or the promise thereof, is the given for which the promise thus given for value is enforceable.
executed vs executory
when teh conisderation has been performed is is said to be executed
if it is yet to be performed is it executory
what is executed
when the consideration has been performed it is said ro be executed
what is executory
consideration yet to be peformed
a person agrees to paint a house for a jhomeowner in exchange for 1,000 and the paaymemt to be made sfter the work is done whta is this
executory
a person pays £500 in cash to buy a used car from a seller the seller immediatyly hands over the car
executed
what are the rules to consideration
1 - consideration need to not to be adequate but sufficient
2- past consideration is not good consideration
3- consideration must move from the promise
4- performing an exisiting duty cannot be the consideration for a new contract
5- A promise to accept part payment of a pre-existing debt in place of the whole debt is not consideration.