Considerations Of The Agreement


For example, say your neighbor admires your bike. You know you`re about to move, so you offer (an «offer» is part of a contract) to sell it for $100 (in exchange). She accepts your offer (acceptance is also part of a contract), but can only pay you when she goes to the bank. So scribble a note in which you describe his two intentions to conclude this agreement and give him a copy of the note. You now have an enforceable contract because there are elements of a contract, including that «negotiated» scholarship. The reason why both exist in the legal orders of the Common Law is considered by scholars to be the result of the combination of two different threads by 19th century judges: first, the obligation to reflect was at the centre of the effects of the assumption, which had grown up in the Middle Ages and which, until 1884, when the old forms of action were abolished. , remained normal in England and Wales for breaches of a simple treaty; secondly, the notion of agreement between two or more parties, as the essential legal and moral basis of the treaty in all legal systems, was promoted by the 18th-century French writer Pothier in his dealing with The Bonds, much read (especially after the English translation in 1805) by English judges and jurists. The latter sounded good with the fashionable will theories of the time, particularly John Stuart Mill`s influential ideas on free will, and was grafted upon the traditional Common Law request for the consideration of grounding an action in assumpsite. [26] Consider the uncle`s situation above. If the same uncle had made the following offer to his 13-year-old nephew: «If you don`t smoke cigarettes, don`t drink alcohol until your 21st birthday, swear or play cards for money, I`ll pay you $5,000.» On the nephew`s 21st birthday, he asks the uncle to pay, and this time, in the ensuing complaint, the nephew can win. [35] Although the promise not to drink and play alcohol when he was under the age of 21 was not a valuable consideration (it was already prohibited by law), most states allow smoking at the age of 18 and swear, while some consider it vulgar, is not illegal at any age.

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