To form a valid contract, consideration must be adequate”. Comment.?
Consideration is an essential element of a contract. It refers to the exchange of something of value between parties to a contract. In general, consideration involves a promise to do something or refrain from doing something. Adequacy of consideration refers to whether the value exchanged by the parties is sufficient to support the contract. In this answer, we will discuss the concept of consideration and adequacy of consideration in detail.
Concept of Consideration
Consideration is the price paid by one party to another for the promise or performance of a certain action. It is the value that each party gives or promises to give to the other. In order for a contract to be valid, consideration must exist. Consideration can take the form of money, goods, services, or even a promise to do something in the future.
Adequacy of Consideration
Adequacy of consideration refers to whether the value exchanged by the parties is sufficient to support the contract. It is important to note that adequacy of consideration is not the same as the value of consideration. Adequacy of consideration is concerned with whether the consideration is sufficient to support the contract, while the value of consideration is concerned with the actual worth of the consideration exchanged.
In general, the law does not require that the consideration be of equal value. However, the consideration must be sufficient to support the contract. This means that the consideration must be of some value, and it must be reasonable in relation to the promise or performance made by the other party.
Examples of Adequate Consideration
Some examples of adequate consideration include:
• Payment of money in exchange for goods or services
• Performance of a service in exchange for payment
• A promise to perform an act in exchange for another promise to perform an act
• A promise to refrain from doing something in exchange for another promise to do something
Examples of Inadequate Consideration
Some examples of inadequate consideration include:
• A promise to give away something that has no value
• A promise to do something that is already required by law
• A promise to do something that is impossible
Conclusion
In conclusion, consideration is a necessary element of a contract. Adequacy of consideration refers to whether the value exchanged by the parties is sufficient to support the contract. While the law does not require that the consideration be of equal value, it must be of some value, and it must be reasonable in relation to the promise or performance made by the other party. Adequate consideration is an essential requirement for the validity of a contract.
To form a valid contract, consideration must be adequate”. Comment.?
To form a valid contract, consideration must be adequate”. Comment.?
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