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Topic: Consideration


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Law

In the News (Wed 11 Nov 09)

  
  "Consideration" Defined
A consideration of some sort or other is so absolutely necessary to the forming a good contract that a nudum pactum, or an agreement to do or to pay any thing on one side without any compensation to the other, is totally void in law, and a man cannot be compelled to perform it.
The consideration must be some benefit to the party by whom the promise is made, or to a third person at his instance; or some detriment sustained at the instance of the party promising by the party in whose favor the promise is made.
Considerations are good when they are for natural love and affection; or valuable when some benefit arises to the party to whom they are made, or inconvenience to the party making them.
www.lectlaw.com /def/c098.htm   (478 words)

  
 Consideration - Wikipedia, the free encyclopedia
Consideration is a central concept in the common law of contracts.
Consideration is what must be given up by each party when making an agreement; this may be by means of doing or not doing an act or just promising to do or not do an act.
Consideration can be definded as being a benefit to one party while being a detriment to the other one at the same time.
en.wikipedia.org /wiki/Consideration   (1103 words)

  
 [No title]   (Site not responding. Last check: 2007-11-04)
Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration).
Not doing an act (forbearance) can be consideration, such as "I will pay you $1,000 not to build a road next to my fence." Sometimes consideration is "nominal," meaning it is stated for form only, such as "$10 as consideration for conveyance of title," which is used to hide the true amount being paid.
Contracts may become unenforceable or rescindable (undone by rescission) for "failure of consideration" when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly).
dictionary.law.com /definition2.asp?selected=305&bold=||||   (222 words)

  
 Consideration of Others Department of the Army Pamphlet
Consideration of Others involves linking the awareness, the actions, and the responsibility of the individual soldier to his or her duties as a members of a military team.
Consideration of Others program is a tool which focuses on the vital linkage between the individual soldier and his or her role as a member of a military team.
Consideration of Others is a tool to focus your assessment, orchestrate your efforts, and allow you access to the resources other commanders have used when faced with the same or similar challenges.
www.gordon.army.mil /eoo/co2dapam.htm   (2302 words)

  
 Chapter 12 Consideration
Consideration is usually defined as the value (such as money) given in return for a promise (such as the promise to sell a stamp collection upon receipt of payment).
To be legally sufficient, consideration for a promise must be either legally detrimental to the promisee (the one receiving the promise) or legally beneficial to the promisor (the one making the promise).
The consideration flowing from Santana to Katz is a promise to refrain from doing something that Santana is legally entitled to do—that is, use the name “The Brickhouse Restaurant” for her restaurant.
www.yourlawprof.com /21f/law1/chp14text.htm   (4910 words)

  
 OSCN Found Document: THE REQUIREMENT OF CONSIDERATION
If you find that [state what is claimed to be the consideration for the contract], then you should find that the requirement of consideration was satisfied, and you should go on and decide the other issues in the case.
If there is an issue whether consideration is lacking because it is based on a pre-existing liability, the second paragraph of the Instruction might be written as follows: "A promise to do something that a person is already legally obligated to do is not sufficient to support a contract.
The existence of a pre-existing duty was held to negate consideration in Watson v.
www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=74210   (785 words)

  
 Contract Law, Part 3: Consideration & Deeds
In this case, the past services (consideration) were done at the request of the subsequent promisor and it was implicit that there would be payment.
"Consideration for the oral agreement is not to be found in a mutual agreement to abandon the earlier written contract and assume the obligations under the new oral one."
There is one exception to the requirement of "consideration" and that is a "deed", which is a contract "under seal" or a "specialty contract".
www.duhaime.org /contract/ca-con3.aspx   (2707 words)

  
 Minnesota Contract Law   (Site not responding. Last check: 2007-11-04)
Consideration is a legal concept which describes something of value that is given in exchange for a performance or a promise to perform.
Consideration can be a promise to do something there is no legal obligation to do, or a promise to not do something there is a legal right to do.
All parties in an agreement must give consideration in order to create a contract, but courts typically do not look at the adequacy of consideration unless there is evidence of some type of wrongdoing by the party benefiting most from the contract.
www.weblocator.com /attorney/mn/law/contract.html   (2803 words)

  
 Waivers of Rights and Claims; Tender Back of Consideration; Final Rule   (Site not responding. Last check: 2007-11-04)
ADEA waivers also must be in exchange for extra consideration, and must not waive rights or claims that arise after the agreement is executed.\4\ Finally, the OWBPA directs employers to give employees specified periods of time to consider waivers and to revoke them.
Retention of consideration does not foreclose a challenge to any waiver agreement, covenant not to sue, or other equivalent arrangement; nor does the retention constitute the ratification of any waiver agreement, covenant not to sue, or other equivalent arrangement.
For example, they stated that employers should not be allowed to recoup their consideration when it had been paid by a bona fide employee pension or welfare benefit plan under ERISA in the form of enhanced benefits.
www.eeoc.gov /policy/regs/tenderback.html   (8039 words)

  
 OUTLAWS LEGAL SERVICE
Thus, the foundational requirement that a bilateral contract be supported by consideration is sometimes formulated as a requirement for mutuality of obligation.
In theory, the adequacy of consideration is irrelevant.
When an agreement states that a promise was made "in consideration of $1," even though the $1 was neither bargained for by the promisor nor paid by the promisee, courts view the consideration as a sham and generally do not accept it as either adequate or sufficient consideration.
www.outlawslegal.com /refer/contracts2.htm   (3427 words)

  
 Consideration under English law - Wikipedia, the free encyclopedia
Consideration under English law is a very controversial doctrine comprising a series of sub rules in English law which purport to govern when a promise made by one party may be enforced by the party to whom the promise is made in the jurisdiction of England and Wales.
Consideration in its traditional form in English law usually is expressed as the requirement that for parties to be able to enforce a promise, they must have given some quid pro quo for it: something must be given or promised in exchange or return for the promise.
This particular rule of consideration forms the basis of the doctrine of privity of a contract, that is, only a party to a contract is permitted to sue upon that contract's terms.
en.wikipedia.org /wiki/Consideration_under_English_law   (2406 words)

  
 EPA: Federal Register: Consideration of Potassium Iodide in Emergency Plans
Thereafter, no further ``consideration'' should be required unless the State determines there is reason to reconsider its position and that the ``consideration'' process is not subject to continuing oversight or recurring evaluation by the NRC, or any other federal agency.
Once a State has given due consideration to the use of KI stockpiling as a supplemental protective action and determined it to be unwarranted, the commenter seeks the basis on which the Commission proposes to develop a contingency plan.
In this final rule, the NRC is amending its emergency planning regulations to require that consideration be given to including potassium iodide as a protective measure for the general public that would supplement sheltering and evacuation in the event of a severe reactor accident.
www.epa.gov /fedrgstr/EPA-IMPACT/2001/January/Day-19/i1156.htm   (12455 words)

  
 Consideration
Consideration may consist of an act, i.e., doing that which one is not legally obligated to do, or a forbearance, i.e., refraining from conduct which one is privileged to engage in.
The compromise of a doubtful claim is supported by consideration so long as the claim is pressed in good faith and is the subject of a bona fide dispute.
A moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit, although there was no original duty or liability resting on the promisor.
www.west.net /~smith/consider.htm   (945 words)

  
 Parole Consideration   (Site not responding. Last check: 2007-11-04)
Offenders serving non-life sentences, for which parole consideration is authorized by law, are considered for parole using the Parole Decision Guidelines.
After investigations are complete, the Board applies the Parole Decision Guidelines to the particular circumstances of the offender's case and notifies the offender that he or she is denied parole or notifies him or her of a tentative parole month for some future time.
An offender has legitimate reasons to request out-of-State parole if he or she has been a resident of the proposed receiving state, if his or her family lives there, and if suitable employment can be arranged before his or her release.
www.pap.state.ga.us /parole_consideration.htm   (1835 words)

  
 SSRN-Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations by David ...
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value.
Norms prevent parties from invoking consideration where the social message sent by a promise is more important than the substance of the transaction — and these are precisely the types of promises in which inefficient signaling is likely to occur.
In other words, norms block the use of consideration precisely where the option for legal enforcement of promises is most likely to harm both promisors and promisees.
papers.ssrn.com /sol3/papers.cfm?abstract_id=801567   (641 words)

  
 Law of Contract-Consideration
Consideration is, in the hallowed words of Sir Frederick Pollock, ‘the price for which the promise is bought’.
Consideration must consist of either some detriment to the promisee or some benefit to the promisor.
The executor of his estate later, in consideration of such a desire’ allowed her to occupy the house for life or for so long as she were to remain a widow.
www.spr-consilio.com /contractcons.html   (1535 words)

  
 consideration - Definitions from Dictionary.com (via CobWeb/3.1 planetlab2.isi.jhu.edu)   (Site not responding. Last check: 2007-11-04)
The essay begins with a brief consideration of the history of the problem.
an honorarium given in consideration of her contributions to the project.
The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises.
dictionary.reference.com.cob-web.org:8888 /search?q=consideration   (645 words)

  
 UOW - Special Consideration Policy (via CobWeb/3.1 planetlab2.isi.jhu.edu)   (Site not responding. Last check: 2007-11-04)
Special consideration is a process to help students minimise the impact of certain adverse and unforeseen circumstances on their progression in a degree and their performance in subjects.
In some circumstances the application of special consideration will be limited to the remedy of withdrawal without academic penalty; 2 it is not possible for special consideration to compensate for every consequence of misadventure or illness on attendance and participation in a subject.
Where the special consideration granted is to resit an exam or test, the advice will specify the time and venue of the repeat exam or test.
www.uow.edu.au.cob-web.org:8888 /handbook/courserules/specialconsideration.html   (2298 words)

  
 For Your Consideration
For Your Consideration is aimed straight at the heart of the Hollywood beast.
Although For Your Consideration works okay overall, and parts of it are very funny, it somehow lacks the spark that elevated Guest's earlier films from mere comedy to comedic brilliance...
Guest and Levy stick it good to the dark heart of showbiz, daring to suggest that the Oscar fever on which Hollywood thrives is a sickness of the soul.
www.rottentomatoes.com /m/for_your_consideration   (1238 words)

  
 U.C.C. - ARTICLE 3 -§3-303.
The drawer or maker of an instrument has a defense if the instrument is issued without consideration.
If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed.
If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.
www.law.cornell.edu /ucc/3/3-303.html   (242 words)

  
 Area of Consideration - Employment HR Operating Instructions   (Site not responding. Last check: 2007-11-04)
For example, because of the technical skills required, the area of consideration for a secretary should be very different than the recruitment area of a scientist or engineer.
For example, it will be explained that a larger area of consideration may produce a better applicant pool but, because of the volume of applications, it may take a longer time to receive a selection list.
Conversely, a narrower area of consideration may result in fewer applicants but the morale of people who could not apply may be adversely affected.
www.faa.gov /ahr/POLICY/hrpm/hroi/emp/areacon.cfm   (694 words)

  
 Contracts - Wex
To be legally binding as a contract, a promise must be exchanged for adequate consideration.
Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise/contract.
Certain promises that are not considered contracts may, in limited circumstances, be enforced if one party has relied to his detriment on the assurances of the otherparty.
www.law.cornell.edu /topics/contracts.html   (489 words)

  
 wcco.com - 'For Your Consideration'
With their parody of movie-awards season "For Your Consideration," though, the screenwriting pair have strayed into one of the world's weirdest insider zones, Hollywood.
Still, "For Your Consideration" allows director Guest, his co-writer Levy and their wonderful troupe of co-stars such as Catherine O'Hara, Parker Posey, Harry Shearer and Fred Willard to ham it up as if their shaky careers depended on it.
Like the previous movies, though, "For Your Consideration" was largely improvised by the cast around a basic script of character descriptions and scene set-ups provided by Guest and Levy.
wcco.com /moviereviews/movies_story_326004211.html   (756 words)

  
 Special Admission Consideration for Students With Disabilities
It is recommended that Special Consideration applicants should usually meet either the ACT/SAT requirement or the class rank/GPA requirement and have completed all the necessary high school courses.
Special admission consideration is designed for students applying for fall semester.
All supporting materials required for special admission consideration must be sent to CAAR by March 1.
www.niu.edu /caar/consider.asp   (654 words)

  
 Result for Consideration   (Site not responding. Last check: 2007-11-04)
kind and considerate regard for others; "he showed no consideration for her feelings"
contemplation / reflection / reflexion / rumination / musing / thoughtfulness - a calm lengthy intent consideration
reconsideration - a consideration of a topic (as in a meeting) with a view to changing an earlier decision
www.esldictionary.org /go/consideration   (197 words)

  
 CD Baby: STEVE GROVER: Consideration
"...Consideration is [a] solidly realized project, with strong, sensitive tunesmithing by Grover, and a good band.
"On 'Consideration', Steve Grover makes a strong case for the drummer as composer/leader with a program of harmonically sophisticated and intelligently crafted originals beautifully performed by his carefully chosen quintet.
The CD Consideration was released in 1999, a quintet album of originals.
cdbaby.com /cd/stevegrover2   (828 words)

  
 MSUCOM: Student Services - Base Hospital Special Consideration   (Site not responding. Last check: 2007-11-04)
2.0 The Base Hospital Special Consideration Committee shall be composed of five voting members: three faculty representatives to be appointed annually by the Dean of the College of Osteopathic Medicine from the wholly administered Clinical Departments of the College and two students, one each elected annually by and from the third and fourth year classes.
Students receiving base hospital special consideration are locked into their choice of hospitals.
A request for base hospital special consideration that does not fit the stated criteria (See Section 3) and has not been reviewed by the Committee, will not be considered for an appeal by the Dean of the College of Osteopathic Medicine.
www.com.msu.edu /ss/base_special.html   (1373 words)

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