Psycho-Babble Administration | about the operation of this site | Framed
This thread | Show all | Post follow-up | Start new thread | List of forums | Search | FAQ

Re: PBC - Please be considerate Mary_Bowers

Posted by Toph on October 22, 2004, at 14:44:16

In reply to Re: A civil venue for accusations SLS, posted by Mary_Bowers on October 22, 2004, at 11:52:20

To be sufficient, consideration must have some value. Something that is completely worthless cannot constitute sufficient consideration. Promises by the parties bargained for and given in exchange for each other constitute consideration.
Consideration is what distinguishes enforceable promises from those promises which are gratuitous. Courts will not enforce gift or gratuitous promises but they will enforce promises which are supported by consideration. Consideration may consist of an act, i.e., doing that which one is not legally obligated to do, or a forbearance, i.e., refraining from conduct which one is privileged to engage in. Consideration is not simply doing what you are legally obligated to do in any event.
The compromise of a doubtful claim is supported by consideration so long as the claim is pressed in good faith and is the subject of a bona fide dispute. It is sufficient that the parties entering into the settlement or compromise thought at the time that there was a bona fide question between them, even if it later turns out otherwise. On the other hand, the release from the mere annoyance of unfounded litigation does not furnish valuable consideration.
In addition to meeting the above test, consideration must arise in the context of a bargained for exchange. This means that the promise must induce the detriment and the detriment must induce the promise. Stated another way, the act or forbearance must have been bargained for and given in exchange for that very promise for legal consideration to be present.
Mary, if Bob and I to have entered into a legal contract, what consideration did I offer Bob in exchange for his (or the group's) psychotherapy that I received?
-Toph

 

Thread

 

Post a new follow-up

Your message only Include above post


Notify the administrators

They will then review this post with the posting guidelines in mind.

To contact them about something other than this post, please use this form instead.

 

Start a new thread

 
Google
dr-bob.org www
Search options and examples
[amazon] for
in

This thread | Show all | Post follow-up | Start new thread | FAQ
Psycho-Babble Administration | Framed

poster:Toph thread:403360
URL: http://www.dr-bob.org/babble/admin/20041012/msgs/405981.html