Search results
Results from the WOW.Com Content Network
The main purpose of the shift from benefit-detriment to bargain theory is to avoid inquiries into whether consideration is adequate. For example, if a person promised you their car for $1.00 because they needed to get rid of it, then the $1.00 might seem adequate.
There are a number of common issues as to whether consideration exists in a contract. Under English law: Part payment is not good consideration. [5] [6] [7] Consideration must move from the promisee but need not flow to the promisor. [8] Consideration must be sufficient but need not be adequate. [9] [10] [11] Consideration cannot be illusory.
[1] [2] This consideration expresses to the court whether money should be awarded or a court order should be decreed. [1] "Adequate remedy at law" refers to the sufficient compensation for the loss or damages caused by the defendant with a proper monetary award. [3] The court must grant the adequacy of remedy that will lead to a "meaningful ...
"Past consideration is no consideration": consideration must be "executory" or "executed", but not "past"; that is, consideration must be supplied in the present or in the future, but things done beforehand cannot be good consideration. [5] ex nudo pacto actio non oritur; Dyer's case (1414) 2 Hen. 5, 5 Pl. 26
The law codified the Illinois common law conditions that the non-compete agreement must (1) be reasonably necessary to protect the legitimate business interest of the employer, (2) be ancillary to a relationship or valid contract, and (3) be reasonably supported by adequate consideration. [36] [37]
A Missouri couple has been charged with child abuse after police claim they performed a circumcision on a child at their home despite not having the medical training to do so.
Legal experts believe the unknown female celebrity tied to the Jay-Z and Sean "Diddy" Combs rape lawsuit has sought her own representation with attorneys.
The situation is different under contracts within civil law jurisdictions because such nominal consideration can be categorised as a disguised gift. [4] The remainder of this section is a U.S. perception, not English. However, courts will not generally inquire into the adequacy or relative value of the consideration provided by each party. [5]