7-3-22 Contract Agreement Aurelia Publishing INC.

2 years ago
10

What is Consideration in Contract Law?
The special word “consideration” in contract law refers to something that has value in the eyes of the law.

Consideration:

is an essential element to make a contract
must be provided for a contract to be legally binding.
In contract law, it is said that "consideration must move from the promisee".

Drawing out the subtlety of this statement:

If there is "a promisee", there must already be a promisor
The promisor has already made a promise to the promisee, which is sufficient to form a contract (but it's not formed at this point)
The promisee must give something back to the promisor - a promise
When the promisee promises to do something - gives consideration (and it doesn't have to be given to the promisor) - a legally binding contract is formed, provided the other elements have been satisfied

Types of Consideration
A promise - ie consideration - can be:

a promise to do something, such as to:
transfer ownership in property, such as intellectual property, a car or house
create an art work
develop software
grant a licence to intellectual property rights
pay money
a promise to refrain from doing something (known as a restrictive covenant):
not work with another employer of a particular description for a period of time after employment ceases.
not to build property over a specified height
not take ownership of shares in another business
a promise to pay money to the other contracting party, or to someone else
Consideration is classified as one of two types:

executed: when the promise has been performed within the meaning of the contract, or

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