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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?




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