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Topic: Consideration



  
 Consideration - Wikipedia, the free encyclopedia
Consideration is a central concept in the common law of contracts.
Under classical contract theory, consideration is required for a contract to be enforceable.
Occasionally the court may refer to "adequate" or "valuable" consideration, but in reality the court is not examining the adequacy of consideration, but whether or not it was bargained for.
http://en.wikipedia.org/wiki/Consideration   (1093 words)

  
 [No title]
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).
2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract.
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.
http://dictionary.law.com/definition2.asp?selected=305&bold=   (222 words)

  
 "Consideration" Defined
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.
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.
But it is to be observed that in such cases there must have been a good or valuable consideration; for example, every one is under a moral obligation to relieve a person in distress, a promise to do so, however, is not binding in law.
http://www.lectlaw.com/def/c098.htm   (456 words)

  
 Minnesota Contract Law
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.
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.
Although two persons may exchange an offer, acceptance, and consideration, if the subject matter of the contract is illegal, an enforceable contract does not exist.
http://www.weblocator.com/attorney/mn/law/contract.html   (2803 words)

  
 Q&A Failure of Consideration
Because the generic term "failure of consideration" to describe a breach of contract is potentially misleading its use for that purpose should be discouraged.
The term "failure of consideration" covers every case where a contractual obligation is not performed irrespective of the fault of the breaching party.
When there is a "lack of consideration," no contract is ever formed, but when there is "failure of consideration," a contract, valid when formed, becomes unenforceable because performance bargained for has not been rendered.
http://www.law.washington.edu/courses/ramasastry/A501C/q&a/Q&A_Failure_of_Consideration.html   (837 words)

  
 Consideration
Consideration is a central concept in the common law of contracts.
While the concept of consideration isn't generally accepted in civil law systems some recognize the similarity between consideration and cause, as some civil codes recognize that all contracts must have a cause, though this isn't generally accepted.
It is also stated that courts will generally not look behind consideration to reform contracts, i.e.
http://www.websign.sk/co/Consideration.html   (197 words)

  
 Contract Law, Part 3: Consideration & Deeds
There is one exception to the requirement of "consideration" and that is a "deed", which is a contract "under seal" or a "specialty contract".
"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."
If a consideration is already "spent" in a prior contract, a new contract using that same consideration would be valid.
http://www.duhaime.org/contract/ca-con3.aspx   (2707 words)

  
 Chapter 10-Consideration
there must be consideration to constitute a valid, enforceable contract; consideration must be legal.
court may refuse to enforce a contract where considerations is what they consider.
consideration for all parties must occur when contract is made
http://www.eccentrix.com/members/whsbusiness/BLawch10.htm   (345 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.
Consideration is what distinguishes enforceable promises from those promises which are gratuitous.
A promise which is conditioned upon the whim of the promisor is not consideration.
http://www.west.net/~smith/consider.htm   (945 words)

  
 A Dictionary of Law: consideration @ HighBeam Research
Consideration is essential to the validity of any contract other than one made by deed.
Without consideration an agreement not made by deed is not binding; it is a nudum pactum (naked agreement), governed by the maxim ex nudo pacto non oritur actio (a right of action does not arise out of a naked agreement).
An act, forbearance, or promise by one party to a contract that constitutes the price for which he buys the promise of the other.
http://www.highbeam.com/doc/1O49:consideration/consideration.html?refid=ip_hf   (184 words)

  
 Waivers of Rights and Claims; Tender Back of Consideration; Final Rule
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.
This prohibition includes, but is not limited to, provisions requiring employees to tender back consideration received, and provisions allowing employers to recover attorneys' fees and/or damages because of the filing of an ADEA suit.
http://www.eeoc.gov/policy/regs/tenderback.html   (8039 words)

  
 Arbitration Blog: Promise to arbitrate is consideration
Payne argued there was no consideration, the trial court bought his argument and refused to compel him to arbitrate.
However, some courts use the doctrine of consideration as a method for refusing to enforce agreements that they don't like (that is, they don't like for some other reason).
According to the trial court, Kinko's gave no consideration in exchange for Payne's promise to arbitrate.
http://www.lawmemo.com/arbitrationblog/archives/2005/05/promise_to_arbi.html   (300 words)

  
 consideration - legal definition
Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another.
Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view.
Whatever its particulars, consideration must be something of value to the people who are making the contract.
http://www.nolo.com/definition.cfm/Term/AE6272D6-6D95-477A-9329B127CAFB66C6/alpha/C   (214 words)

  
 Consideration of Others Department of the Army Pamphlet
Prior to Consideration of Others training of civilian employees who are in a collective bargaining unit, commanders must notify union(s) of the intent to implement the Consideration of Others Program and provide them details regarding anticipated implementation procedures.
Consideration of Others must be easily and readily adaptable to each commander's priorities and each individual unit's needs.
A unit policy, which includes the commander's guidance, including the minimum hours for Consideration of Others training for that unit.
http://www.gordon.army.mil/eoo/co2dapam.htm   (2302 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises.
Good consideration of the kind denoted by sense 1 cannot create an enforceable contract.
Note: Except in Louisiana, consideration is a necessary element to the creation of a contract.
http://dictionary.lp.findlaw.com/scripts/search.pl?co=dictionary.lp.findlaw.com&exact=1&consideration   (449 words)

  
 consideration. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.
A factor to be considered in forming a judgment or decision: Safety is the most important consideration in choosing a car.
Law Something promised, given, or done that has the effect of making an agreement a legally enforceable contract.
A result of considering; an opinion or a judgment: Is it your consideration that I should apply?
http://www.bartleby.com/61/28/C0582800.html   (191 words)

  
 Consideration
Notice that the consideration you will state in this paragraph is related to the rights granted in Section 1.
Think of consideration as a "benefit" that one party will give the other.
This fact can affect the scope of the rights granted in Section 1 for which consideration is given in this Section.
http://www.utsystem.edu/ogc/intellectualproperty/contract/consider.htm   (455 words)

  
 SSRN-Resolving the Paradox of the Consideration Doctrine: The Implications of Inefficient Signaling and of ...
Only when norms allow the use of consideration should we conclude that parties truly desire the option to have their promises legally enforced.
Moreover, the contexts in which norms block the use of consideration are precisely the circumstances where creating a legally binding option would be most likely to harm both promisors and promisees.
The lack of a theoretical solution to this puzzle has plagued the application of the consideration doctrine in courts of law.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=801567   (484 words)

  
 Guide to Texas Legislative Information--Process--Consideration of Local Bills
A measure may be removed from the Local and Uncontested Calendar if two or more senators object to the consideration of the measure.
Return of bill to originating chamber--action on amendments
The calendar used for consideration of local and noncontroversial bills in the senate is the Local and Uncontested Calendar, which is set by the Senate Committee on Administration.
http://www.tlc.state.tx.us/gtli/legproc/process_locbills.html   (458 words)

  
 The University of Adelaide Library Gastronomy
Roseworthy Reference 664.001579 R663e online access under consideration
Reference collection 612.3 S126e online access under consideration
http://www.library.adelaide.edu.au/guide/hum/history/Gastronomy.html   (2301 words)

  
 Consideration of rights - Wikipedia, the free encyclopedia
They do not contest the term consideration of interests; they merely argue that the consideration of rights given to individual beings is not only arbitrary, but should be arbitrary.
Just because some individual animal should not have the right to vote does not mean that it should enjoy no rights at all.
Philosophers who speak on this subject do not agree with the concept of giving equal consideration.
http://en.wikipedia.org/wiki/Consideration_of_rights   (375 words)

  
 Consideration
What is past consideration and why does it not pass the test of sufficiency of consideration?
Can we apply the concept of "gift" to form a valid and enforceable contract?
Problem area concerning consideration: One example is the Doctrine of Promissory Estoppel
http://www.wctc.edu/busocc/blaw/chap14a.html   (162 words)

  
 Stowell/In Tender Consideration. Introduction
The phrase "in tender consideration" that begins the formulaic conclusion to a bill of complaint in an equity case captures the paternalistic attitude of courts toward women and children.
By judicial decree the divorced adulteress became once again a wife (widow) with her dower rights restored.
Male legislators, judges, and jurors considered women and children inferior, dependent, and in need of protection, and they created and maintained a legal edifice that reflected these cultural attitudes.
http://www.press.uillinois.edu/epub/books/stowell/intro.html   (4733 words)

  
 consideration
She was offered money in consideration of her efforts.
Age was an important consideration in the decision.
He is held in great consideration by the community.
http://www.infoplease.com/dictionary/consideration   (136 words)

  
 Consideration quotes & quotations
I have heard you mention them with consideration these twenty years at least.
“Though force can protect in emergency, only justice, fairness, consideration and cooperation can finally lead men to the dawn of eternal peace.
Quotes with keywords > C > CO > consideration
http://en.thinkexist.com/quotes/with/keyword/consideration   (264 words)

  
 A Minor Consideration Website
Thank you for your continued support of A Minor Consideration.
Welcome to the world of A Minor Consideration.
“A Minor Consideration” is a non-profit, tax-deductible organization formed to give aid and support to young performers---Past, Present and Future.
http://www.minorcon.org   (318 words)

  
 CTL: Publications: For Your Consideration #1
This is the first issue of For Your Consideration.
In this first issue of For your consideration, we have offered a few suggestions for the effective use of the first day of class, but there are many other possibilities.
If you have ideas you would like to share with us, or if you have questions about any of the techniques in this issue, please call us (966-1289) or drop by CTL's offices at 316 Wilson Library.
http://ctl.unc.edu/fyc1.html   (2421 words)

  
 Decisional Consideration of Hereditary Colon Cancer Genetic Test Results Among Hong Kong Chinese Adults -- Ho et al. 12 ...
individual will be given a period of time for consideration
Decisional consideration can be defined as the "extent to which
factors and the decisional consideration of genetic testing
http://cebp.aacrjournals.org/cgi/content/full/12/5/426   (4048 words)

  
 Items under consideration
Service concession arrangements are arrangements whereby a government or other body grants contracts for the supply of public services—such as roads, energy distribution, prisons or hospitals—to private operators.
Home > Current Issues > IFRIC Activities > Items under consideration
Below are items currently under consideration by the International Financial Reporting Interpretations Committee:
http://www.iasb.org/current/ifric_consideration.asp   (86 words)

  
 CTL: Publications: For Your Consideration #6
A previous issue of For your consideration (Vol.
Instead of providing information, the teacher tries to elicit much of it from the students through "unfinished statements" and direct questions.
Effective teachers seem to share many of the same lecture techniques (even though their styles may differ considerably), and these techniques reflect principles grounded in cognitive psychology.
http://ctl.unc.edu/fyc6.html   (2159 words)

  
 definition of consideration
Account, Act, Action, Agreement, Appreciative, Attention, Attentive, Careful, Cause, Choice, Claim, Compensation, Consequence, Considerations, Considering, Contemplation, Continuous, Contract, Contracting, Correspondence, Degree, Deliberation, Diplomatic, Enter, Equivalent, Especially, Examination, Ground, Importance, Into, Material, Matured, Motive, Moves, Notice, Opinion, Party, Price, Process, Profession, Reason, Reflection, Regard, Respect, Result, Should, Some, Stately, Sympathetic, Taken, Thought, Thoughtful, Used, Which
Claim to notice or regard; some degree of importance or consequence.
That which is, or should be, taken into account as a ground of opinion or action; motive; reason.
http://www.brainydictionary.com/words/co/consideration147280.html   (219 words)

  
 7th Heaven: Consideration - TV.com
Mary to Fire Chief: "I'm Mary Camden, and I'm just asking for a little consideration."
You don't even have the consideration to tell me that you got a heart problem and that you're having tests done?
Charles to Ginger: "Eric filled me in on the drive over here, and then I spoke to your doctors.
http://www.tv.com/7th-heaven/consideration/episode/94107/summary.html   (1069 words)

  
 SUMMA THEOLOGICA: Does happiness consist in the consideration of speculative sciences?
Now such is the consideration of speculative sciences; because, as stated in Metaph.
Our intellect is reduced to act, in a fashion, by the consideration of speculative sciences, but not to its final and perfect act.
But the human intellect is reduced to act by the consideration of speculative sciences.
http://www.newadvent.org/summa/200306.htm   (725 words)

  
 Wordsmyth
The cost is one consideration we can't overlook.
http://www.wordsmyth.net/live/home.php?script=search&matchent=consideration&matchtype=exact   (120 words)

  
 TheOneRing.net™ Scrapbook 'For Your Consideration' Ads
This image is part of the group For Your Consideration' Ads.
This 'For Your Consideration' ad ran in January of 2003.
TheOneRing® is a registered service mark with exclusive right to grant use assigned to The One Ring, Inc. Unique Design by DesignHeroes.com
http://www.theonering.net/movie/scrapbook/large/5852   (155 words)

  
 Consideration - Current
“Consideration” is accepted to the Chicago International Reel Shorts Festival in Chicago, Illinois.
“Consideration” receives honorable mention out of 700 submitted films in the Chicago International Reel Shorts Festival.
"Consideration" is accepted as part of the Dallas Film Series to be screened on 02/26/04 at the Studio Movie Grill in Addison, Texas.
http://www.joelbailey.net/consideration/pages/07.html   (135 words)

  
 DefenseLINK News: Panel Adds Bases For Closure, Realignment Consideration
The Defense Department will be obligated to act on all congressionally approved recommendations.
Bases the BRAC commission added during the July 19 hearing to the list for consideration to close or realign include:
On May 13, Defense Secretary Donald H. Rumsfeld submitted his BRAC recommendations that 33 military installations be closed and 29 realigned out of a total of 318 bases.
http://www.defenselink.mil/news/Jul2005/20050720_2165.html   (512 words)

  
 Consideration
Consideration for the time that we spend together is outlined below.
I find that the maximum mutual enjoyment is found over a relaxed lunch, or dinner....a glass of wine...taking our time getting to know one another, exploring eachother mentally (perhaps, while thinking about exploring each other physically...).
http://www.sydneyinhouston.com/Rates.html   (285 words)

  
 USATODAY.com - Notes: All-Star consideration, handball rule
YOKOHAMA, Japan (AP) — Four players from the United States have been selected for consideration for the MasterCard All-Star team at the World Cup.
Goalkeeper Brad Friedel, midfielder Claudio Reyna, and forwards Landon Donovan and Brian McBride were among a total of 53 players selected by the FIFA Technical Study Group (TSG) for consideration.
Click here to get the Daily Briefing in your inbox
http://www.usatoday.com/sports/soccer/cup2002/2002-06-22-notes.htm   (878 words)

  
 The SF Site Featured Review: "Boys"
It is a crucial consideration if we continue to wish a continued existence as a species.
Gender politics has been running for many years now.
Science fiction could be at the forefront of gender exploration if they only applied a little of their namesake: scientific inquiry.
http://www.sfsite.com/12b/ce166.htm   (6021 words)

  
 TheOneRing.net™ Scrapbook Group Complete ROTK 'For Your Consideration' Ads
Here is the complete collection of 'For Your Consideration Ads' from December 2003.
This site is maintained and updated by fans of The Lord of the Rings, and is in no way affiliated with Tolkien Enterprises or the Tolkien Estate.
Complete ROTK 'For Your Consideration' Ads - Ringer Spy frodosam
http://www.theonering.net/scrapbook/group/1266   (252 words)

  
 MGM & United Artists Films - For Your Consideration
MGM & United Artists Films - For Your Consideration
http://www.mgmawards.com   (9 words)

  
 For Your Consideration (2006)
Discuss this movie with other users on IMDb message board for For Your Consideration (2006)
I have seen this movie and would like to comment on it
You may report errors and omissions on this page to the IMDb database managers.
http://imdb.com/title/tt0470765   (177 words)

  
 Unqualified Offerings
Blogwatch Weekend Continues now that our long and, so far, little-noted consideration of Iraqi metrics is over.
On the Table - Let's put snark and rancor aside and give "The Chart" (it's really a table) in yesterday's New York Times a look.
Lots more on a movie that she says "was technically spectacular, and emotionally empty."
http://www.highclearing.com/archivesuo/week_2003_11_16.html   (7026 words)

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