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Entries Tagged as 'consideration'

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

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. […]

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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. […]

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Modifications and the Pre-existing Duty Rule: Discussions in Contracts

December 7th, 2020 · Comments Off on Modifications and the Pre-existing Duty Rule: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer S. Martin is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when […]

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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 […]

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