This podcast by Professor Jennifer S. Martin explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. […]
Entries Tagged as 'bargained-for'
Agreements Lacking Consideration: Past Consideration and Moral Obligation – Discussions in Contracts
December 21st, 2020 · Comments Off on Agreements Lacking Consideration: Past Consideration and Moral Obligation – Discussions in Contracts · Contracts, Lawdibles Audio
Tags:§ 86·bargained-for·bargained-for exchange·consideration·material benefit·material benefit rule·McGowin·Mills·mistake·moral obligation·past action·prior emergency services·Webb·Wyman
Agreements Lacking Consideration: Gift Promises – Discussions in Contracts
December 14th, 2020 · Comments Off on Agreements Lacking Consideration: Gift Promises – Discussions in Contracts · 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. […]
Tags:bargained-for·bargained-for exchange·charitable promise·conditional gift·consideration·gift·gift promise·Hamer·Nell·promise·Schnell·Sidway
The Basics of Consideration and the Bargain Theory: Discussions in Contracts
November 23rd, 2020 · Comments Off on The Basics of Consideration and the Bargain Theory: Discussions in Contracts · Contracts
This podcast by Professor Jennifer S. Martin examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast […]
Tags:bargained-for·Basatkis·benefit-detriment·consideration·Contracts·Hamer·past consideration·Schnell·sham consideration