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Consideration Section 8.1. Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Consideration Section 8.2 Agreements.

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Presentation on theme: "Consideration Section 8.1. Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Consideration Section 8.2 Agreements."— Presentation transcript:

1 Consideration Section 8.1

2 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Consideration Section 8.2 Agreements without Consideration 8 Chapter Consideration

3 Understanding Business and Personal Law Consideration Section 8.1 Consideration What You’ll Learn How to explain the legal concept of consideration (p. 164) How to explain the types of consideration (p. 166)

4 Understanding Business and Personal Law Consideration Section 8.1 Consideration What You’ll Learn How to identify certain problems regarding consideration (p. 169) How to identify the principles that apply to consideration in everyday life (p. 172)

5 Understanding Business and Personal Law Consideration Section 8.1 Consideration Why It’s Important By understanding the concept of consideration, you will be able to avoid problems that frequently result when agreements lack this important contractual element.

6 Understanding Business and Personal Law Consideration Section 8.1 Consideration Legal Terms gratuitous (p. 164) consideration (p. 164) benefit (p. 164) detriment (p. 164) forbearance (p. 164)

7 Understanding Business and Personal Law Consideration Section 8.1 Consideration Legal Terms bargained-for exchange (p. 164) unconscionable (p. 166) release (p. 169) accord and satisfaction (p. 170)

8 Understanding Business and Personal Law Consideration Section 8.1 Consideration Requirements of Consideration The Legal Concept of Consideration The Characteristics of Consideration Section Outline

9 Understanding Business and Personal Law Consideration Section 8.1 Consideration Types of Consideration Section Outline Money as Consideration Property and Services as Consideration A Promise Not to Sue Charitable Pledges

10 Understanding Business and Personal Law Consideration Section 8.1 Consideration Problems with Consideration Section Outline Disputed Amounts Undisputed Amounts Consideration in Your Everyday Life

11 Understanding Business and Personal Law Consideration Section 8.1 Consideration Pre-Learning Question Why is consideration one of the six elements of a legally binding contract?

12 Understanding Business and Personal Law Consideration Section 8.1 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. Requirements of Consideration

13 Understanding Business and Personal Law Consideration Section 8.1 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. Requirements of Consideration

14 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration distinguishes a legally binding agreement from other types of agreements, such as social agreements that contain an offer and an acceptance. Requirements of Consideration

15 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration is the exchange of benefits and detriments by parties to an agreement. The Nature of Consideration

16 Understanding Business and Personal Law Consideration Section 8.1 Consideration A benefit is something that a party was not previously entitled to receive. A detriment is any loss suffered. The Nature of Consideration

17 Understanding Business and Personal Law Consideration Section 8.1 Consideration 8.1 Consideration

18 Understanding Business and Personal Law Consideration Section 8.1 Consideration There are three types of consideration. The Nature of Consideration 1.Giving up or promising to give up something that you have the legal right to keep.

19 Understanding Business and Personal Law Consideration Section 8.1 Consideration 2.Doing something or promising to do something that you have the legal right not to do. 3.Not doing something that you have the legal right to do, which is known as forbearance. The Nature of Consideration

20 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration must involve these key characteristics: The Characteristics of Consideration 1.Bargained-for exchange 2.Something of value 3.Legal benefits and detriments

21 Understanding Business and Personal Law Consideration Section 8.1 Consideration What is the difference between a benefit and a detriment?

22 Understanding Business and Personal Law Consideration Section 8.1 Consideration ANSWER A benefit is something that a party was not previously entitled to receive, and a detriment is any loss suffered.

23 Understanding Business and Personal Law Consideration Section 8.1 Consideration 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. Bargained-for Exchange

24 Understanding Business and Personal Law Consideration Section 8.1 Consideration Something of Value The law has no specific value requirements on consideration. All that matters is that the parties agreed freely on the value and the price.

25 Understanding Business and Personal Law Consideration Section 8.1 Consideration Something of Value Usually 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.

26 Understanding Business and Personal Law Consideration Section 8.1 Consideration Legality of Consideration The courts require that the consideration involved in an agreement be legal. If the consideration is illegal, the contract is invalid.

27 Understanding Business and Personal Law Consideration Section 8.1 Consideration Pre-Learning Question Name one type of consideration.

28 Understanding Business and Personal Law Consideration Section 8.1 Consideration Types of Consideration These include: MoneyPropertyServices Promises not to sue Charitable pledges

29 Understanding Business and Personal Law Consideration Section 8.1 Consideration Money 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.

30 Understanding Business and Personal Law Consideration Section 8.1 Consideration Property and Services as Consideration Before money was accepted as a medium of exchange, it was common to use property and services as consideration.

31 Understanding Business and Personal Law Consideration Section 8.1 Consideration Property and Services as Consideration Some parties still prefer to engage in barter agreements that involve goods and services.

32 Understanding Business and Personal Law Consideration Section 8.1 Consideration A Promise Not to Sue If 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.

33 Understanding Business and Personal Law Consideration Section 8.1 Consideration A Promise Not to Sue Pending 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.

34 Understanding Business and Personal Law Consideration Section 8.1 Consideration Charitable Pledges Charitable organizations and nonprofit institutions often depend upon contributions. This dependency has led the court to enforce charitable pledges just as if they were contracts.

35 Understanding Business and Personal Law Consideration Section 8.1 Consideration Pre-Learning Question What do you think happens when the parties to a contract cannot agree as to the actual amount of money owed?

36 Understanding Business and Personal Law Consideration Section 8.1 Consideration Problems with Consideration When parties disagree about the amount of money that the debtor owes the creditor, a problem has arisen over the consideration involved.

37 Understanding Business and Personal Law Consideration Section 8.1 Consideration Disputed Amounts If the parties to a contract cannot agree as to the actual amount owed, the amount is said to be in dispute.

38 Understanding Business and Personal Law Consideration Section 8.1 Consideration Disputed 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.

39 Understanding Business and Personal Law Consideration Section 8.1 Consideration Disputed Amounts The 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.

40 Understanding Business and Personal Law Consideration Section 8.1 Consideration Disputed Amounts The dispute must be real, must occur in good faith, and must not be trivial.

41 Understanding Business and Personal Law Consideration Section 8.1 Consideration Undisputed Amounts If the parties have mutually agreed to a set amount of money in the contract, then the amount cannot be disputed.

42 Understanding Business and Personal Law Consideration Section 8.1 Consideration Pre-Learning Question How does contractual consideration affect your everyday life?

43 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration in Your Everyday Life Consideration distinguishes a legally binding agreement from all other types of agreements. Consideration must be legal.

44 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration 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.

45 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration 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.

46 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration 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.

47 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration in Your Everyday Life Generally, courts do not get involved in determining how much consideration is enough.

48 Understanding Business and Personal Law Consideration Section 8.1 Consideration Consideration in Your Everyday Life Forbearance involves promising not to do something that you are legally entitled to do.

49 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned 1. 1.What is consideration? Section 8.1 Assessment

50 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned Exchange or the promise to exchange things of value in a contract; binds parties to each other in the contractual relationship. Section 8.1 Assessment Answer

51 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned 2. 2.What are the types of consideration? Section 8.1 Assessment

52 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned Money, property, services, promises not to sue, and charitable pledges. Section 8.1 Assessment Answer

53 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned 3. 3.What problems can arise regarding consideration? Section 8.1 Assessment

54 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned Disagreement as to the amount of money that the debtor owes the creditor. Section 8.1 Assessment Answer

55 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned 4. 4.What are the principles that apply to consideration in everyday life? Section 8.1 Assessment

56 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned Answers will vary, but may include: consideration binds the agreement; it must be bargained for; charitable pledges are enforced as if they were contracts; Section 8.1 Assessment Answer

57 Understanding Business and Personal Law Consideration Section 8.1 Consideration Reviewing What You Learned promises not to sue are usually evidenced by a release; money or services are offered as consideration for another party’s promise or performance. Section 8.1 Assessment Answer

58 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment Critical Thinking Activity Is Enough Really Enough? Why do the courts usually refuse to get involved in disputes over the adequacy of consideration?

59 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment The law usually refuses to get into disputes over the adequacy of consideration because the value of consideration is a matter of opinion. Critical Thinking Activity Answer Is Enough Really Enough?

60 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment Legal Skills in Action Accord and Satisfaction Your 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.

61 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment Legal Skills in Action Accord and Satisfaction Today 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.

62 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment Legal Skills in Action Accord and Satisfaction In a small team setting, discuss whether your sister is entitled to use accord and satisfaction in this case.

63 Understanding Business and Personal Law Consideration Section 8.1 Consideration Section 8.1 Assessment Duquesne’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. Legal Skills in Action Answer Accord and Satisfaction

64 Consideration End of Section 8.1


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