Consideration Flashcards

1
Q

Somebody is saved by another individual to which because of this act is being promised for compensation. What role does is fit?

A

This is the material benefit rule. The material benefit roll Will enforce a promise if one. It is based on a material benefit that was previously conferred by the promisee on the promisor, and 2. The promise he did not intend to confirm the benefit as a gift. Look for things that are performances which run requested but we’re emergent.

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2
Q

When does a conditional promise to come unenforceable?

A

If the condition is entirely within the prime source control. This promise will be deemed illusory. The reason why consideration fails is because the agreement lax mutual meet you Alex because it needs to exist on both sides of the contract.

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3
Q

What can substitute consideration?

A

Promissory estoppel can substitute for consideration. This is because it’s used to prevent injustice.

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4
Q

When can I am a claim of promise not to Sue considered to be valuable consideration?

A

The claim is valid or the claimant reasonably and in good faith believe the claim is valid.

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5
Q

What is a surety contract?

A

Yes deals with I promise to pay the debt of another. It’s not enforceable unless it is supported by consideration. If the Shorty is compensated the requirement of consideration is not much of an issue because the compensation will service consideration for the shirt is promise. Timing should be focused on when considered learn or not there’s consideration.

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6
Q

When does a promise to choose a alternative Play consideration and become illusory?

A

The promise or retains the power of select an alternative without legal detriment

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7
Q

Will courts of law inquire into the adequacy of consideration?

A

No, court in equity mean choir and is the relative values and tonight a remedy if they find a contract to be unconscionable.

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8
Q

What are the requirements for a bargained for exchange consideration?

A

There must be a bargain for exchange between the parties and that which is bargained for must be considered of legal value or, as it is traditionally stated, it must constitute a benefit to the promisor or attachment to promisee
.

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9
Q

What does it mean when agreement blacks mutuality?

A

The individual has become bound but the other has not.

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10
Q

Is a promise with an unqualified right to cancel or withdraw at any point illusory?

A

Yes

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11
Q

Does a agreement requires economic value to be considered valuable consideration?

A

no

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12
Q

What is a bargain for changing a legal position between the parties known as?

A

Valuable consideration

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13
Q

What is valuable consideration?

A

It is a factor of the probably formed executory bilateral contract.

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14
Q

What is an illusory promise?

A

A promise wherethe promisor is not valid to perform

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15
Q

What type of value most valuable consideration have?

A

Legal value

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16
Q

What is a legal detriment?

A

Illegal detriment is something that an individual is under no legal obligation to do order when someone refrain from doing something that they have a legal right to do.

17
Q

Under UC see article 2 what standard is apply that allows modification of a sales contract without additional consideration?

A

Good faith

18
Q

Does a gift qualify as consideration?

A

No.

19
Q

What are different ways that a promise can he created to make consideration?

A

I promise what economic benefit, promise based on peace of mind or gratification may establish a bargain for consideration (As long as the individual is not already legally obligated to perform the request)

20
Q

Does the common law required new consideration when modifying a contract?

A

Yes to come long does require no consideration. (Mirror image Rule
)

21
Q

What are the two requirements that are completely necessary to constitute consideration?

A

i. Bargained for exchange between the parties ii. The bargain has legal value or constitutes a benefit to the promisor or detriment to the promisee (peace of mind considered)

22
Q

When does additional problems become an issue?

A

Remoteness is not an issue however if the condition is entirely in the hands of the promisor this is an issue making the conditional promise unenforceable.

23
Q

When will when will it gratuitous sure to cut contract because it unenforceable for lack of consideration if the shirt he makes the promise to pay_______________

A

After the creditor has performed or made an absolute promise to perform

24
Q

What is an exception of the pre-existing legal duty rule?

A

Payment of a smaller some to settle an existing debt

25
Q

What is the best example of ratification?

A

New valid promise to perform a voidable obligation

26
Q

What is a way to avoid the pre-existing legal

A

You can modify the contract or you can add additional things.

27
Q

Does an alternative method of payment allow sufficient consideration for a promise to a creditor in order to discharge an existing debt?

A

yes