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Question 1

What are the elements of consideration?

Answer 1

• promisee must suffer legal detriment
• detriment must induce the promise and promise must induce the detriment
• bargained for must be objectively understood

Question 2

Can detriment be given by other people than the promisor?

Answer 2

Yes. It doesn’t matter who the consideration is going from or to if it is bargained for and given in exchange for a promise

Question 3

If you sign a contract but don’t read the contract, is consideration present?

Answer 3

Yes, it doesn’t matter if you didn’t read it, because the terms objectively have the appearance of a bargained for exchange

Question 4

Does a promise for a past event’s occurrence constitute consideration?

Answer 4

No, because it has already happened

Question 5

If you finish a project with someone and then promise to give them extra money for doing it, is that enforceable?

Answer 5

No, the work was already performed, so there’s no consideration

Question 6

What are the two exceptions to a past event not being consideration?

Answer 6

• if a debtor revives an old debt

- if the promisor requests the performance

Question 7

If a debt is barred from recovery by SOL, but the debtor revives it in writing, is that enforceable?

Answer 7

Yes, even if no new consideration is given, because it is a new promise

Question 8

If a debtor revives an old debt in writing, what is he obligated to?

Answer 8

Only pay the amount he agrees to, even if it is less than the original debt, and only abide by terms he sets (conditions)

Question 9

If a promisor requested a performance, and it was performed with an expectation of payment, then is a later promise to pay enforceable?

Answer 9

Yes

Question 10

Are gratuitous promises to make gifts enforceable?

Answer 10

No, because they lack consideration

Question 11

What is the only way you can make a gratuitous promise to make a gift enforceable?

Answer 11

Promissory estoppel will enforce a gratuitous promise if reliance was reasonably expected by the other party (promise will only be enforced to the extent of reliance)

Question 12

If there are many motivations for a promise, does detriment have to be the predominant one?

Answer 12

No, it just has to be enough so that it is actually bargained for

Question 13

If you promise to sell your friend a car worth $5000 for only $1000, is that consideration?

Answer 13

Yes, as long as there is an element of exchange, even if the primary motive was friendship

Question 14

If both parties know that consideration is just a pretense, is the promise enforceable?

Answer 14

No

Question 15

If the benefit of giving a gift is just the pleasure of altruism, is that enforceable?

Answer 15

No

Question 16

What are the different ways that promises under seal are dealt with?

Answer 16

• CL: any promise under seal is enforceable

- Modernly: a seal only raises the presumption of consideration

Question 17

Can a promise be sufficiently supported by moral consideration?

Answer 17

• CL: not if the obligation was based on a performance already received
• R2: enforced to the extent necessary to prevent injustice