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3 elements that must co-exist for detriment to qualify as consideration
1- give up legal right
2- at the request of other party
3- in exchange for something of legal value
What is NOT consisderation
past consideration is never consideration
moral consideration is never consideration
a gift can never be consideration
illsory promises are never consideration
promise to do that which one is already bound to do are not consideration
preexsiting duty maybe consideration
if new or different consideration is given
the purpose is to ratify a voidable obligation
the duty is owed to a 3rd person
unforseen circumstances make the duty more difficult to fulfil
accord and satisfaction
a valid contract
dispute between parties with respect to that contract and
an agreement to compromise the dispute rather than sue.
a written promise to answer for the debts of another that is enforcable against the guarantor.
requirements for a guarantee to be valid
a valid contract by 2 or more parties
guarantor creates the guarantee at the time the contract is executed and
the guarantee is in writing
promissory estoppel to exsits
it must be detrimentally relied on the promise, and the promisor never intended to give the promisee a gift.
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