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Do reciprocal promises in an executory contract constitute sufficient consideration?
Wiki User
∙ 15y ago
lol no
read your text book :P
Wiki User
∙ 15y ago
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Consideration may be executory or executed but it must not be pastDicuss and illustrate your answer with various case laws?
Executed and executory consideration is enforced by the common law courts but a past consideration is not. This is because a past consideration arises where the work is done before the obligation or offer to pay is made. See the case of EASTWOOD VRS KENYON.
What are the type of consideration under tanzania law?
there are only two types which are executory consideration and executed consideration as provided under section 2(1)(d) law of contract act(cap 345 r.e 2002).
Difference between executory executed and past consideration?
EXECUTORY CONSIDERATION Consideration is executory when there is an exchange of promises to perform acts in the future. For example, A promises to deliver widgets to B at some future date and B promises to pay A for the widgets when he receives the shipment. If A does not deliver the widgets to B, B can sue A for breach of contract. EXECUTED CONSIDERATION When a promise is made in exchange for an act, when that act is performed, it is executed consideration. Using the example above, if A timely delivers the widgets to B, A's consideration becomes executed. PAST CONSIDERATION Every contract requires an offer, acceptance, and consideration. Consideration isthe exchange of benefit and detriment (e.g., the making of a promise in exchange for an act). If a party voluntarily acts and then the other party makes a promise, the act is said to be "past consideration" (since the act was already performed and not made in exchange for the promise). For example, A gives B a ride to the market and back home again. When A delivers B to his house, B promises to give A some gas money. A cannot sue B to enforce B's promise since the consideration (A's act of giving B a ride) occurred beforeB's promise. A gave B the ridewithout expecting anything inreturn.(A did not give B a ride in exchange for B giving A gas money.)
When a contract is executory?
A contract that has not yet been fully performed by the parties is called an executory contract.
Trusts and Estates: Estates and Executory Interests?
Becoming knowledgeable about estate planning can help anyone. Whether one is a client or attorney, estate planning is a complex field and getting one term wrong can be a mistake worth millions of dollars. It is incredibly important to learn all one can about the business of estate planning and apply that knowledge to one’s own situation. It is important to thoroughly understand executory interests within the field of estate planning. An executory interest is a future interest that follows a determinable estate. An executory interest is a future interest in a grantee, not the grantor. When a future interest follows a determinable estate and is in the grantor, then that is called a possibility of reverter. When estate planning, clients often want to add more than one future interest to an estate. This is not a difficult task to do, even though it may seem like it could become a complex ordeal. One usually treats this sort of situation with the same analysis that goes into creating ordinary estates. It is very beneficial to understand the difference between shifting executory interests and springing executory interests. To start with definitions, shifting executory interests are defined as interests that follow an estate in a grantee. Springing executory interests divest an estate in the grantor. An example of a shifting executory interest can be found in the following language: A to B, provided that if B ever allows (xyz to occur), then to C. In this example, we can see many things going on. First, B has a possessory estate in fee simple. Recall that a fee simple is a type of possessory estate that has no inherent ending and is the largest type of possessory estate. Next, it can be seen that B’s fee simple is subject to an executory limitation. Because B’s fee simple is subject to an executory limitation, C’s future interest is an executory interest. Since the interest would divest B as a grantee, then it is a shifting executory interest. Now it is important to consider a springing executory interest. A springing executory interest always divests the grantor, not the grantee. An example of a springing executory interest can be found in the following language: A to B when he turns 21. In this case, A has a possessory estate in fee simple. The executory interest can be found in B. Overall, these concepts are important to know for creating precise estate plans with executory interests.
What is A contract in which something remains to be done by one or more of the parties?
executory contract
On a bankruptcy filing form schedule g what does it mean exec contracts?
An executory contract is one which is to be performed in the future and for which the debtor will be paid when it is performed. If a contractor has a signed agreement to build a house for someone next year, that is an executory contract.
Explain the different type of consideration in law?
The two types of consideration are executory and executed consideration. Executor consideration happens when promise to perform the act is in the future. On the other hand, executed consideration takes place when the promise of an act is already completed.
Can an executory contract be rescind?
Yes!. If there is a written expiration period or naturally 30 days if not executed
True or false an executory contract is one that has been fully performed by all parties?
false
What are the rules that govern consideration in a valid contract?
1. Consideration must move at the desire of the promisor-The act or forbearance must be done at the desire or request of the promisor. If it is done without his request or at the request of a third party it will not be a valid consideration. 2. Consideration need not be adequate but must be sufficient-It is not necessary that there must be full return for the promise. There must be something rather than nothing. The law has left the quantum of consideration to be decided by the respective parties. Thus, the law will not object to the inadequacy of consideration.The law will not enforce a promise even if it is without consideration. 3. Past consideration is not consideration 4. Forbearance to sue may be good consideration 5. Performance of existing duties. A person who has not provided consideration cannot sue to enforce a promise.
Can you distinguished Contract of Sale from contract to sell?
Contract to sell is an executory contract while contract of sale is an executed contract.
