合同法 對(duì)價(jià)PPT精品文檔

1、2021/4/251Chapter 2 The Law of Contract Consideration 對(duì)價(jià) 2021/4/252Facing a Legal Problem Antonio says to his son, “When you finish painting the garage, I will pay you $100.” Antonios son paints the garage. The act of painting the garage is the consideration that creates the contractual obligation o

2、f Antonio to pay his son $100. If, instead, Antonio had said to his son, “In consideration of the fact that you are not as wealthy as your brothers, I will pay you $500,” would this promise have been enforceable? 2021/4/253Definition of Consideration Something of legal value given in exchange for a

3、promise2021/4/254Requirements of Consideration (1) something of legal value must be given (e.g., either a legal benefit must be received or legal detriment suffered) (2) there must be a bargained-for exchange. 2021/4/255Gift Promise An unenforceable promise because it lacks consideration To change a

4、 gift promise into an enforceable contract, the promisee must offer to do sth. in exchange-consideration-for the promise.2021/4/256Case 2-2Alden v. PresleyElvis Presley, a singer of great renown and a man of substantial wealth, became engaged to Ginger Alden. He was generous with the Alden family, p

5、aying for installing a swimming pool, and making other gifts. When his fiancees mother, Jo Laverne Alden, sought to divorce her husband, Presley promised to pay off the remaining mortgage indebtedness of the Alden home, which Mrs. Alden was to receive in the divorce settlement. On August 16, 1977, P

6、resley died suddenly, leaving the mortgage unpaid. When the legal representative of Presleys estate refused to pay the $39,587 mortgage, Mrs. Alden brought an action to enforce Presleys promise, the trial court denied recovery. Mrs. Alden appealed. 2021/4/257Key question:Was Presleys promise to pay

7、the mortgage enforceable? 2021/4/258Under contract law, gift promises are unenforceable because they lack consideration. The court found that plaintiff Alden had not given any consideration in exchange for Presleys promise. The court also found that the gift promise had not been completed by Presley

8、. Therefore, the unexpected gift promise could not be enforced against Presleys estate.COURTS REASONING COURTS DECISION The supreme court held that Presleys promise was a gratuitous 無(wú)償?shù)模赓M(fèi)的 executory promise that was not supported by consideration. As such, it was unenforceable against Presleys esta

9、te. The court dismissed the case and assessed costs against the plaintiff.2021/4/259 Promises Lacking Consideration(1) Illegal consideration-promise to refrain from doing an illegal act. Illusory consideration-promise where one or both parties can choose not to perform their obligation. Moral obliga

10、tion-promise made out of a sense of moral obligation or honor or love or affection. 2021/4/2510Promises Lacking Consideration(2) Preexisting duty-promise based on the preexisting duty of the promisee to perform. The promise is enforceable if (1)the parties rescind the contract and enter into a new c

11、ontract or(2)there are unforeseen difficulties. Past consideration -promise based on the past performance of the promisee.2021/4/2511Example 2-8 Bauman-Bache, Inc. begins construction on a seven-story office building and after three months demands an extra $75,000 on its contract. If the extra $75,0

12、00 is not paid, it will stop working. The owner of the land, having no one else to complete construction, agrees to pay the extra $75,000. If the owner later refuses to pay the extra money, could Bauman-Bache successfully sue to enforce the agreement? 2021/4/2512Example 2-9 Ellen, a nurse, spent man

13、y years living with, and looking after, her parents. Shortly after her parents died, her brother told her, in the presence of several other people, that he was so grateful to her for the care she gave their parents that he would take care of her for the rest of her life. When her brother fails to ke

14、ep his promise, Ellen brings an action to have the promise enforced. Will the court hold that a contract exists? 2021/4/2513Settlement of Claims (1) An accord和解 - an executory contract to perform some act in order to satisfy an existing contractual duty. The duty is not yet discharged. A satisfactio

15、n清償- is the performance of the accord. An accord and its satisfaction (performance) discharge the original contractual obligation.2021/4/2514Settlement of Claims (2) Release放棄文書-An agreement in which, for consideration, a party is barred from further recovery beyond the terms specified in the releas

16、e. Covenant not to sue保證不起訴-An agreement not to sue on a present, valid claim.2021/4/2515Example 2-10 Suppose that you are involved in an automobile accident caused by Pauls negligence. Paul offers to give you $1,000 if you will release him from further liability resulting from the accident. You bel

17、ieve that this amount will cover your damages, so you agree to the release. Later you discover that it will cost $1,200 to repair you car. Can you collect the balance from Paul ? 2021/4/2516Legal Sufficiency of Consideration To be legally sufficient, consideration for a promise must be leally benefi

18、cial to the promisor or detrimental to the promisee. Detriment means that in return for the promise, the promisee has (1) done, or promised to do, something that he or she had no prior legal duty to do or (2) refrained from, or promised to refrain from, doing something that he or she had no prior le

19、gal duty to refrain from doing .2021/4/2517Example 2-11 In the 1850s when the age of majority was considerably younger than twenty-one, William Story, Sr., promised his fifteen-year-old nephew, William Story II, that if the nephew refrained from alcohol, tobacco, and gambling until the age of twenty

20、-one, he would pay him $5,000. The nephew agreed. Following his twenty-first birthday, the nephew wrote to his uncle that he had performed his part of the bargain and was thus entitled to the $5,000. They agreed that the uncle would invest the money for the nephew. Four years later, when the uncle d

21、ied, the executor of the uncles estate refused to pay the nephew, contending that the contract was invalid. The executor argued that there was no consideration, and therefore no contract, because the uncle had received nothing, and the nephew had actually benefited by fulfilling the uncles wishes. Did the uncle and nephew have an enforceable contract? 2021/4/2518Adequacy of Consideration Adequacy of consideration: The court usually do not inquire into adequacy of consideration. Thus, nominal consideration (e.g. $ 1 ) is usu. sufficient. Inadequacy of consideration: In some c