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Agreements Lacking Consideration: Gift Promises – Discussions in Contracts

December 14th, 2020 · No Comments · Contracts, Lawdibles Audio

This podcast by Professor Jennifer S. Martin considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. 29 (1861) and Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891).

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain why for there to be a contract, there must be consideration or another justification for enforcing the agreement.
2. Explain why promises to make a gift are not supported by consideration.
3. Apply the rule for bargained-for exchange.
4. Identify situations where there’s no consideration because there is a promise of a gift.

A transcript of this podcast is here


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