Rules for what is considered Consideration

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Illusory Promise

A situation in which a party appears to commit to something but really has not committed to anything. It is not a promise and thus not consideration.

Pre-existing duty rule

Promise to do something you are already legally obligated to do is not valid consideration

Past Consideration

something that has been performed in the past and which, therefore, cannot be consideration for a promise made in the present

Rarely considers the adequacy of consideration

the court rarely considers for a lawful agreement to be made, the offeree must give a price that is an equal measure to the value given by the offeror

Consideration

what a person will receive in return for performing a contract obligation


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