Types of Legal Consideration


Consideration is something of value that is exchanged between the parties to a contract. Consideration can be many things such as money, property, service, job performance, or a promise not to do something. As long as the contracting parties exchange something valuable with each other, there is something in return. Contracts cannot be maintained if the consideration given by a party is illegal. If one party does not provide the promised consideration, the other party may terminate the contract. The defaulting party may also be sued for damages or specific performance. In legal language, “the offer to pay the £10 is not supported by a quid pro quo” or is not taken into account by the promise. Contract law states that “the counterparty must move away from the promisor”. A party that is already required by law to provide money, an item, a service or leniency will not provide any consideration if it simply promises to comply with this obligation. [32] [33] [34] This legal obligation may arise from the law or from an obligation arising from a previous contract. An exchange must be legally sufficient and negotiated between the parties for a contract to be considered a valid consideration. If the contracting parties have already agreed contractually in, a promise to do something for which they have already concluded a contract cannot be a “new” consideration.

If A signs a contract with B so that A cancels B`s house for $500, A`s consideration is the painting service of B`s house, and B`s consideration is $500 paid to A. If A signs a contract with B not to repaint his own house in a color other than white, and B pays A $500 a year to maintain that agreement, there is also a consideration. Although A promised nothing to do, A promised to do nothing he was allowed to do, and so A`s consideration for B is the indulgence of painting his own house in a color other than white, and B`s consideration for A is $500 a year. Conversely, if A signs a contract to buy a car from B for $0, B`s consideration is still the car, but A gives no consideration, and therefore there is no valid contract. However, if B still transfers ownership of the car to A, B cannot take back the car because, although it is not a valid contract, it is a valid gift. As a general rule, it is not necessary for a contract to be concluded in writing. Although the Fraud Act requires certain types of contracts to be in writing, New Mexico recognizes and enforces oral contracts in certain situations where the Fraud Act does not apply. Consideration, as we have learned, is simply something of value that is exchanged between the parties to a contract.

To be considered, it must be: second, what you are negotiating does not have to meet the standards of value of others, and the courts have always refused to comment on this issue. In other words, if you offered to sell your bike to your neighbor and asked for his collection of antique cigar cans in exchange, and your neighbor agreed to pay that amount (i.e. give you his collection of cigar cans for the bike), it doesn`t matter if the deal may seem unfair to some. You made an offer to ride a bike, your neighbour accepted it for consideration, and you both intended to enter into that agreement, and you are both competent to do so; It is therefore a viable treaty. Whether someone else thinks it`s right or not doesn`t matter until it`s unscrupulous. Long trials and writings about what constitutes a consideration abound. In short, there are two other important things to know. First, the counterpart does not have to be money.

It can be something of value, so it can be another object or service. In a classic example of legal considerations, two people could enter into a real estate purchase agreement. The first person would consider the house they would leave with the other person in accordance with the contract. The second person would be the payment for the house, which can be in the form of money, exchanged services or other goods. Both parties have legal considerations and the contract is considered good if it is challenged in court. For consideration to be considered valid, two elements must be met: the agreement reached – whether recorded in writing or not – is not supported by consideration. If no consideration is included in a contract, the contract becomes invalid and the courts may refuse to perform the contract. Sometimes a contract cannot be considered, even if, on the surface, it seems that the parties are trading something valuable. However, some courts in the United States may challenge nominal consideration or virtually worthless consideration. Some courts have since found this to be a deception.

Since contractual disputes are usually settled by state courts, some state courts have held that simply providing $1 to another is not a sufficient legal obligation and therefore there is no legal consideration in this type of transaction and, therefore, no contract is concluded. However, this is a minority position. [31] Regardless of the type of contract you enter into, you will likely hear the term “consideration.” In addition to offer and acceptance, “consideration” is one of the essential elements of a contract. But what does that really mean? The counterpart that is the benefit of the contract for one party (e.g., receiving money) is the burden of others (e.g., paying money). Consider the above situation of the uncle. If the same uncle had instead made his 13-year-old nephew the following offer: “If you don`t smoke cigarettes, drink alcohol, curse or play cards for money before your 21st birthday, I`ll pay you $5,000.” On the nephew`s 21st birthday, he asks the uncle to pay, and this time the nephew can win in the next trial. [35] Although the promise not to drink alcohol or gamble before the age of 21 was not a valid quid pro quo (it was already prohibited by law), most states allow smoking at 18 and swearing, while some consider vulgar not illegal at any age. Although smoking is prohibited by law until the age of 18, it is legal for people over the age of 18, and therefore the promise to abstain from it has legal value. However, the uncle would still be exempt from liability if his nephew drank alcohol, although this consideration was worthless because it was combined with something of legal value; Therefore, compliance with the entire collective agreement is necessary.

Reciprocity refers to the agreement between the parties to the contract to comply with its terms. Ability refers to the fact that each party is mentally strong enough to understand what they agree on and old enough to make a deal. After all, legality means that only legally valid contracts can be executed. For example, a drug transaction is not a valid contract, although there may be an offer, acceptance and consideration because drugs are illegal. I work in the insurance industry and deal with contracts every day! Any insurance policy issued by an insurance company to an insured person is considered a contract. In the case of an insurance policy, the consideration is always the same. On the part of the insured, the consideration is the premium or money he pays for his policy. From the insurance company, the services they provide under the policy are the consideration. Consideration in contracts refers to the benefit that each party receives in exchange for what they renounce in the contract.

This is an essential element that must be included in a contract in order to make it legally binding on the parties. A verbal or written contract becomes ineffective if it is not a counterpart. It should be noted that a promise to do something illegal or immoral is not a valid consideration. A few months later, Pollard restructured the way commissions were paid to sellers. In the previous contract, sellers had to sell at least $25,000 in print jobs to earn a commission. In the new contract, print vendors were required to sell at least $60,000 in print jobs. This increase in the sales quota, if not respected, would reduce Labriola`s revenues by 25%. The contract also required sellers to pay all attorneys` fees in the event of legal action regarding the terms of the contract. For this reason, Labriola decided to look for a job elsewhere.

A legal consideration test is whether both parties exchanged at least one nominal consideration, sometimes referred to as a “peppercorn.” In the past, for example, people sometimes referred to entering into contracts with a payment of one dollar.