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Consideration Advice Online

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Consideration Explained

The third element required for the formation of a valid simple contract is Consideration. The basic premise here is that a form of consideration, usually but not exclusively money, must pass or be promised between the contracting parties for that contract to be enforceable in Law.

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Sample Questions

  • “… my elder brother and sister jointly bought a property… the property was in desperate need of care and attention… I spent many nights after work and several weekends cleaning and decorating the property…after it was in a good enough condition to put on the market my brother and sister drew up a contract promising to pay me for my work once the property was sold…it now has and my brother and sister have refused to pay me…I still have a copy of the contract…but when I went to see a solicitor he told me the contract was worthless because the consideration was “ past “  can you explain…”

     

  • “… my sons …aged 15 and 19...recently sold at a car boot sale a valuable heirloom by mistake…we have the name and address of the purchaser on the bill of sale… this person however refuses to return the object even though it was bought for a fraction of its true worth… I have made him an offer far in excess of what he paid… he still refuses…what can be done…”

     

  • "… I have a contract with a building firm for joinery work… there were concerns by them [building firm] that they would not complete their project on time and therefore suffer penalty clauses as contained in their own contract… to this end they offered me bonuses if I would work late until the project was complete…I agreed…they now refuse to pay me any extra monies saying I simply fulfilled my terms of contract…  can I recover any money…”

     

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