2 Types of Consideration in Law

An example of consideration in a contract could be money paid for a service or property sold for money. An exchange must be legally sufficient and negotiated between the parties for a contract to be considered a valid consideration. On the other side of the coin, the illegal consideration could be a promise not to do something a party is legally required to do, such as paying taxes or complying with a legal regulatory requirement. But what if a grandmother gives her grandson a ten-dollar bill for his birthday? Does this mean that the grandmother and grandson entered into a legally binding contract? The grandmother gave the grandson something precious, and he accepted it, but there is no contract because the grandmother did not receive anything from the grandson in exchange for his money. It was not taken into account. Another case where there may not be sufficient legal value for a consideration is when someone is already legally required to do something. For example, a police officer cannot receive a reward for arresting a criminal, since the capture of criminals is already part of the police officer`s professional duties. The consideration is only valid if the service (in this case, the capture of a criminal) is not normally required of someone. Although we have tried to present the basics of consideration in contracts here, it can be very complex. Here are some of the scenarios in which no valid consideration is required: Similarly, if a party is already legally obliged to do something, it cannot be a new consideration.

There are conditions that must be taken into account in order to have sufficient legal value. A party cannot promise to do something where there is already a legal obligation to do so. A police officer cannot receive a reward for arresting and arresting an outlaw. The promisor must take a step that he is not normally obliged to take. A police officer cannot use independent security services for his neighbourhood while on duty at his or her usual place of work. He already has the obligation to secure the neighborhood. For the consideration to be considered valid, two elements must be fulfilled: since there is no consideration for a party, there is no contract. In general, a conditional consideration is a valid consideration. In general, courts do not consider whether the agreement between two parties was financially fair – only whether each party passed on a legal obligation or obligation to the other party. [29] [30] The determining issue is the existence of a consideration, not the relevance of the consideration. The values between the consideration provided by each contracting party to a contract need not necessarily be comparable.

Existing employment obligations depend to a large extent on State law. In general, all-you-can-eat employment allows the employer to fire the employee forever or even for no reason (as long as the reason, if any, is not expressly illegal) and allows the employee to dismiss for any reason. There is no obligation to continue working in the future. So if an employee asks for a raise, there is no problem with the consideration because the employee has no legal obligation to continue working. Similarly, if an employer requires a reduction in wages, there is also no contractual issue with consideration, since the employer is not legally required to continue to employ the employee. However, some States require additional compensation in addition to the prospect of continued employment in order to enforce the conditions required by the employer in the future, in particular the non-compete obligations. Regardless of the type of contract you sign, you`ll likely hear the term “consideration.” In addition to the offer and acceptance, “consideration” is one of the essential elements of a contract. But what does this really mean? To illustrate this, if John (Promise) Jamal (Promise) offers $200.00 to repair his car and Jamal agrees, the $200.00 is a counterpart (the value) for the repair (performance). If one of the parties does not provide the promised consideration, the other party may terminate the contract.

The defaulting party may also be sued for damages or certain services. Consideration in contracts refers to the benefit that each party receives in exchange for what it waives in the contract. This is an essential element that must be included in a contract in order to make it legally binding on the parties. A contract, whether verbal or written, becomes invalid if there is no consideration. Long court cases and writings abound on the subject, which is a consideration. In short, there are two other important things to know. First, the consideration does not have to be money.