enforceability of a contract - contract law Flashcards

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1
Q

0ffer plus acceptance equals what

A

agreement

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2
Q

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.

A

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.

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3
Q

in this context what is consideration

A

essentially making a promise in exchange for something.
HINT - REMEBER CONSIDERATION AS THE THING THAT EACH PARTY IS EXCAHNAGED.

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4
Q

an example of consideration

A

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.

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5
Q

Legal definition

A

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.

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6
Q
A
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7
Q

another legal defiition of consideration

A

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.

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8
Q

executed vs executory

A

when teh conisderation has been performed is is said to be executed
if it is yet to be performed is it executory

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9
Q

what is executed

A

when the consideration has been performed it is said ro be executed

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10
Q

what is executory

A

consideration yet to be peformed

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11
Q

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

A

executory

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12
Q

a person pays £500 in cash to buy a used car from a seller the seller immediatyly hands over the car

A

executed

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13
Q

what are the rules to consideration

A

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.

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14
Q
A
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