Essential Requirements

    Cards (9)

    • 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.
    • 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
    • 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
    • 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 - formalistic:
      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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