Week 4 Consideration & Intention Flashcards

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1
Q

What is Consideration?

A

There is evidence that both parties had gotten something for something.

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2
Q

What are the 4 types of Consideration?

A

1) Promise for a promise
2) Promise for an act
3) Act for a promise
4) Promise not to do

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3
Q

What are the 5 Main Rules for Consideration?

A

1) Future not Past.
2) Must contain Value.
3) Forebearance can be Good.
4) Existing Obligation not Good.
5) Public Duties are not good.

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4
Q

What are the 2 Key Presumptions of Intention?

A

1) Ps in Commercial - Binding
2) Ps to domestic, family, social / voluntary Agreements - Not Binding

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5
Q

Why is it hard to prove no intention in a Standard Breach of Contract Case?

A

Because it is heavy onus on the party that denies intention.

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