8Section Outline Requirements of Consideration The Legal Concept of ConsiderationThe Characteristics of Consideration
9Section Outline Types of Consideration Money as Consideration Property and Services as ConsiderationA Promise Not to SueCharitable Pledges
10Section Outline Problems with Consideration Disputed AmountsUndisputed AmountsConsideration in Your Everyday Life
11Pre-Learning Question Why is consideration one of the six elements of a legally binding contract?
12Requirements of Consideration The law has always refused to enforce most gratuitous, or free, agreements.Parties to an agreement must surrender something of value in exchange for something else of value.
13Requirements of Consideration This exchange, or the promise to exchange things of value, is what binds the parties to each other in a contractual relationship.This binding element is known as consideration.
14Requirements of Consideration Consideration distinguishes a legally binding agreement from other types of agreements, such as social agreements that contain an offer and an acceptance.
15The Nature of Consideration Consideration is the exchange of benefits and detriments by parties to an agreement.
16The Nature of Consideration A benefit is something that a party was not previously entitled to receive.A detriment is any loss suffered.
18The Nature of Consideration There are three types of consideration.Giving up or promising to give up something that you have the legal right to keep.
19The Nature of Consideration Doing something or promising to do something that you have the legal right not to do.Not doing something that you have the legal right to do, which is known as forbearance.
20The Characteristics of Consideration Consideration must involve these key characteristics:Bargained-for exchangeSomething of valueLegal benefits and detriments
21What is the difference between a benefit and a detriment?
22ANSWERA benefit is something that a party was not previously entitled to receive, and a detriment is any loss suffered.
23Bargained-for Exchange An agreement involves a bargained-for exchange when a promise is made in return for another promise, an act, or a promise not to act.
24Something of ValueThe law has no specific value requirements on consideration.All that matters is that the parties agreed freely on the value and the price.
25Something of ValueUsually the courts will not even consider whether the value of the consideration is adequate.However, a contract may be deemed unconscionable, when the courts believe the consideration is completely out of line.
26Legality of Consideration The courts require that the consideration involved in an agreement be legal. If the consideration is illegal, the contract is invalid.
27Pre-Learning Question Name one type of consideration.
28Types of Consideration These include:MoneyPropertyServicesPromises not to sueCharitable pledges
29Money as Consideration Unless price limits have been placed on certain transactions by administrative regulations, legislative fiat, or executive ruling, parties to a contract are free to exchange any amount of money that they negotiate.
30Property and Services as Consideration Before money was accepted as a medium of exchange, it was common to use property and services as consideration.
31Property and Services as Consideration Some parties still prefer to engage in barter agreements that involve goods and services.
32A Promise Not to SueIf one party has the right to sue another party but gives up that right in exchange for something of value, the court will generally uphold the exchange as valid consideration.
33A Promise Not to SuePending lawsuits are frequently settled in this manner.When a person accepts an offer and agrees not to sue, he or she is asked to sign an agreement, which is called a release.
34Charitable PledgesCharitable organizations and nonprofit institutions often depend upon contributions.This dependency has led the court to enforce charitable pledges just as if they were contracts.
35Pre-Learning Question What do you think happens when the parties to a contract cannot agree as to the actual amount of money owed?
36Problems with Consideration When parties disagree about the amount of money that the debtor owes the creditor, a problem has arisen over the consideration involved.
37Disputed AmountsIf the parties to a contract cannot agree as to the actual amount owed, the amount is said to be in dispute.
38Disputed Amounts A dispute can be settled by accord and satisfaction if the creditor accepts a payment that is less than the amount due as full payment.
39Disputed AmountsThe acceptance by the creditor of less than what has been billed to the debtor is accord.The agreed-to settlement as contained in the accord is the satisfaction.
40Disputed AmountsThe dispute must be real, must occur in good faith, and must not be trivial.
41Undisputed AmountsIf the parties have mutually agreed to a set amount of money in the contract, then the amount cannot be disputed.
42Pre-Learning Question How does contractual consideration affect your everyday life?
43Consideration in Your Everyday Life Consideration distinguishes a legally binding agreement from all other types of agreements.Consideration must be legal.
44Consideration in Your Everyday Life Paying a debt in advance is consideration for settling the debt for a lesser amount.To be consideration, the act or promise must be bargained for.
45Consideration in Your Everyday Life Because charities depend on contributions, pledges are enforced like contracts.A promise by one party not to sue another party is generally proven by evidence of a release.
46Consideration in Your Everyday Life Usually, a party will offer money in exchange for another party’s promise or performance.Some people prefer to barter goods and services.
47Consideration in Your Everyday Life Generally, courts do not get involved in determining how much consideration is enough.
48Consideration in Your Everyday Life Forbearance involves promising not to do something that you are legally entitled to do.
49Reviewing What You Learned What is consideration? Section 8.1 AssessmentReviewing What You LearnedWhat is consideration?
50Reviewing What You Learned Answer Section 8.1 AssessmentReviewing What You LearnedAnswerExchange or the promise to exchange things of value in a contract; binds parties to each other in the contractual relationship.
51Reviewing What You Learned What are the types of consideration? Section 8.1 AssessmentReviewing What You LearnedWhat are the types of consideration?
52Reviewing What You Learned Answer Section 8.1 AssessmentReviewing What You LearnedAnswerMoney, property, services, promises not to sue, and charitable pledges.
53Reviewing What You Learned Section 8.1 AssessmentReviewing What You LearnedWhat problems can arise regarding consideration?
54Reviewing What You Learned Answer Section 8.1 AssessmentReviewing What You LearnedAnswerDisagreement as to the amount of money that the debtor owes the creditor.
55Reviewing What You Learned Section 8.1 AssessmentReviewing What You LearnedWhat are the principles that apply to consideration in everyday life?
56Reviewing What You Learned Answer Section 8.1 AssessmentReviewing What You LearnedAnswerAnswers will vary, but may include: consideration binds the agreement; it must be bargained for; charitable pledges are enforced as if they were contracts;
57Reviewing What You Learned Answer Section 8.1 AssessmentReviewing What You LearnedAnswerpromises not to sue are usually evidenced by a release; money or services are offered as consideration for another party’s promise or performance.
58Critical Thinking Activity Is Enough Really Enough? Section 8.1 AssessmentCritical Thinking ActivityIs Enough Really Enough?Why do the courts usually refuse to get involved in disputes over the adequacy of consideration?
59Critical Thinking Activity Answer Is Enough Really Enough? Section 8.1 AssessmentCritical Thinking Activity AnswerIs Enough Really Enough?The law usually refuses to get into disputes over the adequacy of consideration because the value of consideration is a matter of opinion.
60Legal Skills in Action Accord and Satisfaction Section 8.1 AssessmentLegal Skills in ActionAccord and SatisfactionYour older sister is about to be married. She purchased her wedding dress at the Duquesne Department Store. Later, she had the dress altered and added a special lace trim.
61Legal Skills in Action Accord and Satisfaction Section 8.1 AssessmentLegal Skills in ActionAccord and SatisfactionToday she saw the same dress at another store for $245 less than the price she paid. When she pays Duquesne’s, she intends to subtract $245 from the bill.
62Legal Skills in Action Accord and Satisfaction Section 8.1 AssessmentLegal Skills in ActionAccord and SatisfactionIn a small team setting, discuss whether your sister is entitled to use accord and satisfaction in this case.
63Legal Skills in Action Answer Section 8.1 AssessmentLegal Skills in Action AnswerAccord and SatisfactionDuquesne’s is not likely to agree to accept a lesser payment because the parties had mutually agreed to a set amount of money. Also, the alteration changed the value of the dress.