Understanding the Rules of Consideration in Contract Law
Discover what constitutes consideration in contract law, including key rules and requirements for valid agreements.
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Consideration is a core element in contract law that refers to something of value exchanged between parties. The rules of consideration include: it must be something of value, mutual (both parties must give and receive something), legally sufficient (not illegal or against public policy), and bargained for (a result of negotiation). Past consideration is generally not valid, and it must be specific and tangible. These rules ensure that both parties are committed and see the agreement as binding.
FAQs & Answers
- What is meant by consideration in contract law? Consideration refers to something of value exchanged between parties to a contract, essential for making agreements binding.
- Why is mutual consideration required? Mutual consideration ensures that both parties give and receive something of value, reflecting a true agreement and commitment.
- Can past consideration be valid? No, past consideration is generally not valid since it does not involve a new exchange of value at the time of the contract formation.
- What constitutes legally sufficient consideration? Legally sufficient consideration must involve something valuable, not illegal, and agreed upon through negotiation.