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consideration
: something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another
(see also contract)
(compare motive)
Note: Except in Louisiana, consideration is a necessary element to the creation of a contract. The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises.


adequate consideration
: a consideration that is reasonably equivalent in value to the thing for which it is given


fair consideration
: a consideration that is reasonable and given in good faith

specif
: something with a reasonably equivalent value that under the laws of fraudulent conveyances is given in good faith in exchange for the transfer of property


good consideration

1 : a consideration based on a family relationship or natural love and affection

2 : "valuable consideration" in this entry
Note: When used as defined in sense 1 good consideration is the opposite of valuable consideration. However good consideration is also sometimes used to mean valuable consideration. Good consideration of the kind denoted by sense 1 cannot create an enforceable contract.


new consideration
: something according to section 6-106 of the Uniform Commercial Code that becomes payable in exchange for the transfer of bulk goods


nominal consideration
: consideration consisting of a nominal amount


past consideration
: something that has already been given or some act that has already been performed that cannot therefore be induced by the other party's thing, act, or promise in exchange and is not truly a consideration


valuable consideration
: a consideration that confers some benefit having pecuniary value on one party to a contract or imposes a detriment having pecuniary value on the other

 

 

Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.

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