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LSDefine

Simple English definitions for legal terms

total failure of consideration

Read a random definition: negligent escape

A quick definition of total failure of consideration:

Total Failure of Consideration: When someone promises to do something in a contract, but they don't do it, it's called a failure of consideration. This means that the contract is not worth anything because one person didn't keep their promise. It's like if you promised to give your friend a toy if they gave you a candy bar, but then you didn't give them the toy. The candy bar wouldn't be worth anything because you didn't keep your promise. Sometimes, if the failure is really bad, the whole contract becomes worthless. This is called a total failure of consideration.

A more thorough explanation:

Definition: Total failure of consideration refers to a situation where a contract's basis or inducement becomes worthless due to a seriously deficient contractual performance. It means that one party has failed to perform their part of the contract, causing the contract to become void.

For example, if a person promises to build a house for another person, and the other person promises to pay for the construction once it is completed, there is consideration on both sides of the contract. However, if the builder fails to complete the construction, it is considered a total failure of consideration, and the contract becomes void.

It is important to note that the term "failure of consideration" is misleading since it relates to the performance of the contract rather than its formation. Therefore, scholars disapprove of this term and prefer to use "failure of performance" instead.

Partial Failure of Consideration: This refers to a situation where a party has only partially performed their contractual obligations. For example, if a person hires a contractor to build a house and the contractor only completes half of the construction, it is considered a partial failure of consideration. In such cases, the appropriate part of the agreement can be apportioned to whatever has been completed.

Examples:

  • A person hires a painter to paint their house for $1000. The painter only paints half of the house and then disappears without completing the job. This is a total failure of consideration since the painter did not fulfill their contractual obligations, and the contract becomes void.
  • A person hires a landscaper to plant a garden for $500. The landscaper plants half of the garden and then disappears without completing the job. This is a partial failure of consideration since the landscaper only partially fulfilled their contractual obligations, and the appropriate part of the agreement can be apportioned to whatever has been completed.

These examples illustrate how a total or partial failure of consideration can occur when one party fails to perform their contractual obligations, causing the contract to become void or partially void.

total eviction | total incorporation

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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