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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.


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

yes any contract is leagaly binding


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

Consideration can be anything of value (such as an item or service), which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration, the agreement is not legally a binding contract. In its traditional form, expressed as the requirement that in order for parties to be able to enforce a promise, they must have given something for it (quid pro quo): something must be given or promised in exchange or return for the promise. Therefore, the word itself does not have to be used.


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.


Is it possible for a text message to be legally binding?

Yes, a text message can be legally binding if it meets the requirements for a contract, such as offer, acceptance, and consideration, and if both parties intend for it to be legally binding.


A legally binding contract must include some type of?

Offer, acceptance, and consideration.


What is the intention to create legal binding in a Contract?

The intention to create legal binding in a contract refers to the parties' mutual agreement to enter into a legally enforceable obligation. This is established through clear terms, consideration, and mutual consent, indicating that the parties expect their promises to be upheld by law. Without this intention, agreements may be viewed as informal or non-binding, lacking legal recourse in case of breach. Essentially, it ensures that the parties recognize the seriousness of their commitments.


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.