the statement that consideration may move at the Desire of the promise...
Consideration moving at the desire of the promisee:
Consideration is an essential element of a valid contract. It refers to something of value that is exchanged between the parties involved in the contract. Generally, consideration must move from the promisee to the promisor. However, there is an exception to this rule known as "consideration moving at the desire of the promisee." This means that consideration can be provided by a third party at the request or desire of the promisee.
Examples:
1. Payment of debt by a third party: In certain situations, a third party may offer to pay off the debt of the promisee. This can happen when a debtor is unable to repay their debt and a friend or family member steps in to settle the debt on their behalf. In this case, the consideration (payment of the debt) is moving at the desire of the promisee. The promisee benefits from the discharge of their debt, and the promisor (third party) fulfills their obligation to the promisee.
2. Gift made at the request of the promisee: Consideration can also move at the desire of the promisee when a gift is made by a third party at the request of the promisee. For example, let's say a person promises to sell their car to another person for a certain amount of money. However, the buyer does not have enough funds to make the full payment. In this situation, the buyer's friend agrees to gift them the remaining amount of money to complete the purchase. The consideration (gift) provided by the friend is moving at the desire of the promisee (buyer). The promisee benefits from the completion of the purchase, and the promisor (friend) fulfills their obligation to the promisee.
Conclusion:
Consideration moving at the desire of the promisee is an exception to the general rule that consideration must move from the promisee to the promisor. It allows for third parties to provide consideration on behalf of the promisee, as long as it is done at the request or desire of the promisee. This exception enables more flexibility in contract formation and allows for situations where a promisee may not have the necessary resources to fulfill their obligations.
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