Section 5.2 Consideration.

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Presentation transcript:

Section 5.2 Consideration

Section 5.2 Consideration Consideration in a contract is the exchange of benefits and detriments. A benefit is something a party receives. A detriment is something a party gives up.

Section 5.2 Consideration Consideration in a contract requires three things: it must involve a bargained-for exchange it must involve something of value it must be legal

Section 5.2 Consideration A bargained-for exchange is when one promise is made in exchange for another promise.

Section 5.2 Consideration The thing of value exchanged as consideration in a contract can be: Money Property A Service

Section 5.2 Consideration The law has no specific value requirements on consideration. All that matters is that the parties agreed freely on the value and the price.

Section 5.2 Consideration Sometimes the parties to a contract disagree over the amount of consideration owed. The amount is said to be in dispute.

Section 5.2 Consideration The dispute can be settled through accord and satisfaction. This occurs when one party agrees to accept less than full payment to end the contract.