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Law of Commercial Transactions
Chapter 11
12
Law
Undergraduate 4
09/14/2010

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Term
consideration
Definition
something of legal value given in exchange for a promise
Term
legal value
Definition
a contract is considered supported by legal value if (1) the promisee suffers a legal detriment or (2) the promisor receives a legal benefit
Term
bargained for exchange
Definition
exchange that parties engage in that leads to an enforceable contract
Term
gift promise
Definition
a promise that is unenforceable because it lacks consideration. A completed gift promise cannott be rescinded for lack of consideration
Term
illegal consideration
Definition
a promise to refrain from doing an illegal act. Such a promise will not support a contract.
Term
illusory promise
Definition
a contract into which both parties enter but one or both of the parties can choose not to perform their contractual obligations. This, the contract lacks consideration.
Term
moral obligation
Definition
a sense of honor that prompts a person to make a promise. such promises lack consideration
Term
preexisting duty
Definition
something a person is already under an obligation to do. A promise lacks consideration if a person promises to perform a preexisting duty.
Term
past consideration
Definition
a prior act or performance. will not support a new contract. New consideration must be given.
Term
accord
Definition
an agreement whereby the parties agree to accept something different in satisfaction of the original document
Term
satisfaction
Definition
the performance of an accord
Term
promissory estoppel
Definition
an equitable doctrine that prevents the withdrawal of a promise by a promisor if it will adversly affect a promisee who has adjusted his or her position in justifiable reliance on the promise.
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