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Q: Why are disguised gift promises involving nominal consideration non binding?
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What makes the contract binding?

A contract is binding when it is entered into between parties having the capacity to enter a contract, and is made in light of adequate consideration. Consideration can be defined as something of value which is a detriment to the one who gives it and a benefit to one who receives it. For example, if A promises to mow B's lawn, and B promises to pay A $50 when he finishes, the parties have exchanged consideration -- here, a promise for a promise.


Can an option contract be created without consideration?

No, in order to create a legally binding option contract, consideration is required. Consideration is what each party gives or promises to give in exchange for the other party's promise. It is a key element in forming a contract and provides the basis for a valid agreement.


Will a contract always be valid and binding when its contains consideration?

Just because a contract contains consideration does not mean it is legal or binding. There are other requirements that must be met.


What makes past consideration invalid?

because its done before the contract is made is not consideration. These fact cannot influence forming of a contract if they were in past tense for example: Al gives emergency care to Bob . Bob promises to pay Al for his services but his promise is not binding because there is no bargain for exchange


Is a promissory note binding if there is no consideration in return?

In order to have a promissory note there must be consideration. If a bank gives you a mortgage, then the home is consideration for your payments.


Failing to use the word consideration in an agreement means that no consideration has been given?

Not necessarily. Consideration is important for the formation of a valid contract, but the absence of the word "consideration" does not automatically mean that there is no consideration. Courts will typically look at whether there was a mutual exchange of promises or something of value given by each party to determine if there is consideration.


Is a contract a legally enforceable promise or set of promises?

yes any contract is leagaly binding


Consideration meaning and difference between English law and Indian law?

Consideration is an essential element of a legally binding contract where each party agrees to give or do something in exchange for something from the other party. In English law, consideration must be present for a contract to be enforceable, whereas in Indian law, a promise can be enforceable even without consideration under certain circumstances, such as promises made to close family members. Additionally, Indian law recognizes past consideration as valid consideration, while English law generally does not.


A legally binding contract must include some type of?

Offer, acceptance, and consideration.


Does the promise to do favor create a binding contract?

Depends. If the favor is to give money to charity, common law said yes, and that's one of the few such enforceable promises to make a gift. Otherwise, generally no but facts can vary and if there's any kind of consideration for the promise, it might be enforceable.


What are an Example case of consideration in the law of contract?

For example, if you went into a store to buy a computer for $500 then the computer is consideration from the store and the $500 is consideration from you. Consideration simply means something of value given by each party to a contract and there must be consideration on both sides for the contract to be valid. If the store promised to give you a free computer and later changed their mind, you could not hold them to the contract because you did not offer them anything of value - there was no consideration from your side.


Is an offer a binding contract?

It is when the letter of offer is responded to by a sufficient and communicated acceptance, and supported by legally-sufficient consideration to form a contract, with no defenses as to its enforcement.