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Simple English definitions for legal terms

consideration, failure of

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A quick definition of consideration, failure of:

Failure of consideration refers to a situation where a party fails to perform their contractual obligations, causing the basis or reason for the contract to become worthless. This term is often considered misleading as it relates to the performance of a contract rather than its formation. For example, if someone promises to build a structure for another person in exchange for payment, but fails to complete the work, this is considered a failure of consideration. There are two types of failure of consideration: partial and total. Partial failure occurs when a party only partially performs their obligations, while total failure occurs when there is a complete lack of consideration, which voids the contract entirely.

A more thorough explanation:

Definition: Failure of consideration refers to a seriously deficient contractual performance that causes a contract's basis or inducement to cease to exist or to become worthless. It is a situation where one party fails to perform their obligations under the contract, which makes the contract's purpose meaningless.

For example, if a contractor promises to build a house for a homeowner, and the homeowner promises to pay for the work when it is completed, there is consideration on both sides of the contract. However, if the contractor fails to build the house, it is considered a failure of consideration because the homeowner's promise to pay for the work is no longer valid.

It is important to note that failure of consideration is different from want of consideration, which refers to a situation where there was no consideration exchanged at the time of the contract's formation.

There are two types of failure of consideration:

  • Partial failure of consideration: This occurs when a party only partially performs their obligations under the contract. In this case, the appropriate part of the agreement can be apportioned to whatever has been completed.
  • Total failure of consideration: This occurs when the contract is indivisible, and a complete lack of consideration voids the entire contract.

Overall, failure of consideration is a serious breach of contract that can lead to legal consequences for the party that fails to perform their obligations.

conserve | consideration, want of

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pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
TrumpSucks
19:58
@steelrift99: Same for me at Arizona
TrumpSucks
20:00
It is frustrating when people are admitted who applied after you. But that’s just part of the game I guess
was friday a umich R wave?
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