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Law Paper 3
Contract Law
Essential Requirements
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Samar Malik
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Consideration in
contract
law
Something of value exchanged between parties to a contract. It can be a
promise
, an act, or a forbearance, and it forms the basis of a
legally enforceable
contract.
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Advantages of the consideration
doctrine
Mutuality
: Ensures both parties provide something of value, promoting
fairness
Intent
: Serves as evidence of the parties' intent to create a
legally
binding agreement
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Disadvantages of the consideration
doctrine
Formalistic
: Focuses more on the
existence
of
consideration
than fairness or equity
Complexity: Determining sufficient consideration can be complex, leading to uncertainty and disputes
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Advantage of consideration doctrine -
mutuality
:
Ensures both
parties
provide something of value,
promoting
fairness
Advantage of consideration doctrine -
intent
:
Serves as
evidence
of the parties'
intent
to create a
legally binding
agreement
Advantage of consideration doctrine -
prevents
gratuitous
promises
:
Discourages
agreements
lacking in
reciprocal
value
exchange
Disadvantage of consideration doctrine - f
ormalistic:
Focuses more on the
existence
of
consideration
than
fairness
or
equity
Disadvantage of consideration doctrine -
restrictive
:
May
limit enforcement
in cases of
nominal
consideration
or absence of
direct value exchange
Disadvantage of doctrine precedent -
complexity
Determining sufficient consideration can be complex, leading to
uncertainty
and
disputes
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