pattern jury instructions
overview
how  to use
table of contents
index
ND cases cited
ND statutes cited
cross reference numbers
burden of proof req.
table of contents
index
nd cases cited
nd statutes cited
cross reference numbers
burden of proof req.
PJI home
SBAND home
 
 
Contracts - Consideration
1995
- Contracts
C - 50.18
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.]
 
NDCC 9-05-01, 9-05-10 - 11
BAJI 10.61