Review Questions
- Consideration is the exchange of benefits and detriments by the parties involved in a contract.
- A promise of a gift is not enforceable because benefits and detriments aren’t being exchanged. The gift is considered property of the party that received the gift.
- The courts will not enforce a contract that is based on past consideration because the exchanging of benefits and detriments did not occur when the contract was made.
- The courts do not enforce social agreements because it lacks consideration.
- No, they usually do not base enforcement of a contract on whether the contract is fair or not, unless the contract is one sided and is very inadequate.
- The court may void the contract if it is found to be unconscionable.
- Pledges, subscriptions to charities, and promissory estoppel because they influence the actions and behavior of others.
- The three conditions that must be met before the principle of promissory estoppel can be applied are:
- Promise must be made to bring about action of forbearance by another person who gave no consideration.
- One who gave no consideration must have relied on the promise and changed his or her position in a significant way.
- Injustice can be avoided only by enforcing the promise.
- The full amount of a debt must be paid no matter what, unless a document is written, signed by both parites, and sealed in some states.
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