Consideration is something that has legal value..

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Presentation transcript:

Consideration is something that has legal value.

 Caveat emptor: Let the buyer beware  Caveat venditor: Let the seller beware

For a detriment to qualify as consideration, the person incurring the detriment must: 1. give up a legal right 2. at the request of the other party 3. in exchange for something of legal value

 Past consideration is no consideration  Moral consideration is no consideration  A gift can never be legal consideration  Promises to do that which one is already bound to do are not consideration

The requirements are:  A valid contract  A dispute between the parties with respect to that contract and  An agreement to compromise the dispute rather than sue

A guarantee is a written promise to answer for the debts of another that is enforceable against the guarantor.

 A valid contract is entered into between two or more parties  The guarantor creates the guarantee at the time the contract is executed and  The guarantee is in writing