• 1995 - Contracts - Consideration
  • C-50.18
    • Burden Of Proof
    • Contracts
    • Contracts
  • A contract cannot be formed without consideration.

     

    Consideration may be either:

     

    1) a benefit conferred or agreed to be conferred upon the person making the offer [counteroffer] [or some other person], to which the person is not otherwise entitled; or

     

    2) a detriment suffered or agreed to be suffered by the person [or some other person] to whom the offer [counteroffer] is made.

     

    A written contract is presumptive evidence of consideration. [The burden of showing a lack of consideration sufficient to support a written contract lies with the party seeking to invalidate or avoid it.]

    *****

    • 9-05-01
    • 9-05-10
    • 9-05-11
  • Notes: