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When Consideration Is Not Required Copyright © Texas Education Agency, All rights reserved.
2 Copyright and Terms of Service Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked as the property of the Texas Education Agency and may not be reproduced without the express written permission of the Texas Education Agency, except under the following conditions: 1)Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts and schools educational use without obtaining permission from the Texas Education Agency; 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only without obtaining written permission of the Texas Education Agency; 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way; 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from the Texas Education Agency and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty fee.
Exceptions to Consideration Requirements Promises to Charitable Organizations Pledges (promises to pay future amounts) Contributions or Completed Gifts Party who makes the Gift receives nothing in return. Courts enforce promises (pledges) when the charity states a specific use for the money and acts in reliance on the pledge. 3 Copyright © Texas Education Agency, All rights reserved.
Promises Covered by the UCC Firm Offers - offer is open for the time stipulated or up to three months Modifications Common law -modification of a contract needs consideration UCC - good-faith agreement that modifies an existing contract for the sale of goods needs no new consideration 4 Copyright © Texas Education Agency, All rights reserved.
Promises Barred from Collection by Statute Statute of Limitations - states a time limit for bringing a lawsuit (for breach of contract - three years) Debts Discharged in Bankruptcy –Obligation may be reaffirmed by a promise of the debtor –Usually when debtor has a co-signer or guaranteed payment on the debt –Debts to be reaffirmed have to be listed with the bankruptcy court during the proceeding 5 Copyright © Texas Education Agency, All rights reserved.
Promissory Estoppel The promisor should reasonably foresee that the promisee will rely on the promise. The promisee does act in reliance on the promise. The promisee would suffer a substantial economic loss if the promise is not enforced Injustice can be avoided only by enforcement of the promise. 6 Copyright © Texas Education Agency, All rights reserved.
Assignments Independent Practice Assignments Case Studies: 1.Wholesale Case 2.Debt Refresher Case PowerPoint Assignment: Statute of Limitations and Promissory Estoppel 7 Copyright © Texas Education Agency, All rights reserved.
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