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LSDefine

Simple English definitions for legal terms

consideration

Read a random definition: Dilution Act

A quick definition of consideration:

Consideration: Consideration is what makes a contract valid. It's when two people agree to exchange something of value, like money or a promise, in order to make a deal. For example, if you give someone money to buy an apple, the apple is their consideration and the money is yours. Without consideration, a contract can't be enforced. There are different types of consideration, like promises, actions, or giving something of value. But gifts or things done in the past don't count as consideration. If there's no consideration, a contract can still be enforced if there's a substitute, like when someone relies on a promise and it would be unfair not to keep it.

A more thorough explanation:

Consideration is an important part of a contract. It refers to something of value that is exchanged between two parties in order to make the contract enforceable. This can be a promise, performance, forbearance, or property with legal value.

For example, if you buy an apple from a merchant, the apple is the merchant's consideration, and the money you pay for it is your consideration. Both parties have exchanged something of value, making the contract enforceable.

It's important to note that a gift or gratuitous promise cannot be considered as consideration because there is no bargaining involved. Additionally, past performance cannot be considered as consideration because there is no exchange.

If a contract does not have consideration, it cannot be enforced. However, there are substitutes for consideration that can make a contract enforceable:

  • Promissory estoppel/detrimental reliance: If the nonperformance of the promisor will cause injustice, a contract without consideration can be enforced. For example, if a person promises to donate money to a charity and the charity relies on that promise to plan an event, the promise can be enforced even without consideration.
  • Good faith modification: A modified contract is a new agreement that requires new consideration. However, if the modification is made in good faith under the Uniform Commercial Code (UCC), it can be enforced even without consideration.

Overall, consideration is an essential element of a contract that ensures both parties have exchanged something of value, making the contract enforceable.

conservatorship | consign

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IrishDinosaur
21:11
im a sucker for the peppermint bark ones
JesusLovesYou
21:11
So good
JesusLovesYou
21:11
I love their dark chocolate
JesusLovesYou
21:12
Needed something sweet since I was feeling salty earlier <3
IrishDinosaur
21:12
you're sweet enough by yourself hon <3
shaquilleoatmeal
21:14
Not a ghiradelli guy, I don’t get the hype
IrishDinosaur
21:15
TAKE THAT BACK
IrishDinosaur
21:15
As a bay area native, that is BLASPHEMY
JesusLovesYou
21:15
Cute argument we have here
JesusLovesYou
21:15
@IrishDinosaur: Awww
JesusLovesYou
21:15
@shaquilleoatmeal: They have the best delicate chocolate stuffed with caramel.
shaquilleoatmeal
21:16
Not a Godiva guy either lmao the chocolate just doesn’t hit
IrishDinosaur
21:16
shaq. I'm not sure i can fake flirt w you anymore. this is kinda a dealbreaker
shaquilleoatmeal
21:17
Gimme a 24pk of ferrero rocher
shaquilleoatmeal
21:17
FAKE FLIRT LMAO outta pocket Dino damn
shaquilleoatmeal
21:18
Everythin I said was from heart ;(
IrishDinosaur
21:18
you aint earned the real flirting yet 😤
shaquilleoatmeal
21:19
I’ll work on gettin the milkshake if it makes it real lmao
IrishDinosaur
21:20
... better. Discord would seal the deal buuuuuut i'll settle for dessert
shaquilleoatmeal
21:21
Lol love the persistence
IrishDinosaur
21:22
I always get what I want shaq ;)
My boy just got a full ride to USF!
IrishDinosaur
21:48
Yoooooo congrats to your boy! That's amazing news
TaroMilkTea
21:51
congrats!!Q!!
JesusLovesYou
21:56
Yo awesome!
21:58
CONGRATS!
21:58
I went under review for penn omg
IrishDinosaur
21:59
OOOOH GL!
hi uncs
IrishDinosaur
23:13
heyo curvy
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