What is consideration in a contract?
In a contract, consideration is the exchange of goods, services, or money between two or more parties. It is the thing of value that is given in exchange for a promise. Consideration is an essential element of contract law in North Carolina. Without it, a contract cannot be enforceable in court. In North Carolina, consideration must have legal value, which means it must have some monetary or physical value. The consideration must also be something that both parties agree to exchange—both parties must give something in return for the benefit of the other. For instance, in a business transaction, one party might give money or goods to the other, and in return, the other party agrees to provide them with a service. Additionally, consideration must be of equal value. This means that if one party is receiving more value than the other, it is not a true exchange of consideration. The parties must both be getting something of equal value for the contract to be enforceable. Finally, consideration must be bargained for. This means that both parties must negotiate or agree to the exchange of consideration in order for the contract to be enforceable. Without a negotiated agreement of consideration, the contract is not valid.
Related FAQs
What are the legal remedies for a breach of contract?What is a creditors’ rights clause?
What is the termination of a contract?
What is a novation of a contract?
What is an executory contract?
What is anticipatory repudiation?
What is a term in a contract?
What is the Statute of Frauds?
What is a condition subsequent?
What is the law of privity?
Related Blog Posts
What Every Business Should Know About Contract Law - July 31, 2023Understanding Contract Enforceability - Key Considerations - August 7, 2023
Drafting an Enforceable Contract: Best Practices - August 14, 2023
Creating an Effective Contract: Tips and Tools - August 21, 2023
Negotiation Strategies for Contract Law - August 28, 2023