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Consideration BLaw - Consideration Burden Benefit...

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Consideration Burden Benefit Pre-Existing Duty= not considered Statute Contract Exception- unforeseen difficulties If you have a contract with a pool guy, and he says the ground is harder than he thought, it’s not acceptable. If he digs & finds a meteor, it’s an exception. Past Events that happened in the past- you can’t use them for consideration. Ex: out in lake, brother in lake starts to drown. Student jumps in, saves. You say “OMG, when I get paid, I will give you $1000 for saving my brother!” Is that enforceable? No, because he has already saved the brother. It is a past consideration, and cannot be used for a contract. Page 245- Explains Consideration. May take many forms and based on detriment incurred, benefit received. Ex. 2- At lake, bro’s in lake, you sunbathing. He’s drowning, student recognizes. Student runs over to you and says If I jump in the lake you’ll pay me 500$. Agree- he jumps in, saves brother. Now it is enforceable.
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  • Spring '08
  • Urich,Tara
  • past consideration, Iverson- Blackman, consideration Accord- agreement, enforceable Detrimental Reliance/

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