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If It Is Determined That An Agreement Is Lacking Consideration It

September 23, 2021 / lanphear / Uncategorized

It is factually a question of whether the new circumstance is sufficiently new and difficult enough to make an already existing commitment an unforeseen difficulty. Obviously, if Peter stumbles upon a small bag of quicksand – say two gallons of value – he should take care of it as part of his already agreed upon job. If he encounters as much quicksand as an Olympic-ed pool, it`s clearly unforeseen, and he should receive extra to manage them. Somewhere in between the two amounts of quicksand, there is enough of this stuff, so Peter`s obligation to remove it is outside the original agreement and further reflection would be needed in exchange for its removal. The defendant, Tilford Reppert, thus remains the only legitimate plaintiff. The recording shows that he was deputy sheriff in Rockcastle County at the time of the arrest, but the arrest and recovery of the stolen money took place in Pulaski County. He was outside his jurisdiction and was therefore not legally obliged to make the arrest and is therefore entitled to claim and receive the reward. In [citation], it is stated that the rule that, if one party has not made a binding commitment, the other party is not bound, it is qualified as consideration if the promiser obtains an advantage over his promise and the promising gives up something in exchange; This is the negotiated price you pay for what you get. It may seem pretty simple. But like many things in the law, complicated situations are never far apart. Whether the consideration is legally sufficient has nothing to do with whether it is morally or economically appropriate to make the activity fair. Moreover, the legal balance need not even be certain; It can be a promise that depends on an event that might never happen….

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