Sélectionner une page

Another requirement further qualifies the disadvantage component required; The promisor must have suffered a real significant disadvantage in the form of economic damage resulting from the failure to keep his promise. Finally, forfeiture is generally granted only if a court considers that the execution of the promise is essentially the only way to redress the injustice to the promise. However, valuable consideration given in the past in support of a promise may, in certain circumstances, serve as the basis for another, subsequent contract. These occur when a person`s duty to act has no longer become binding for one reason or another. If the person then makes a new promise because of the past duty not fulfilled, the new promise is binding without further consideration. Three types of cases follow. We have examined the meaning of this prohibition sentence in Chapter 8 « Introduction to Contract Law » (recall the English case of High Trees). This is another kind of promise that the courts will implement without anything in return. Simply put, promissory estoppel to be prohibited, to refuse a promise if someone else has relied on it later.

means that the courts will prevent the promisor from claiming that no consideration was provided. The doctrine of stopping promissory notes is invoked in the interests of justice when three conditions are met: (1) the promise is a promise that the promisor should reasonably expect to act or refrain from taking specific and substantive action; (2) the act or omission is committed; and (3) injustice can only be avoided by upholding the promise. (The full sentence is « order estoppel with denachtial dependence. ») If the parties agree in good faith to changes (usually increased payments) in response to these unforeseen emergencies, the changes will be enforceable even if the requested performance already existed under the original agreement. The CDU allows one party to satisfy claims or rights arising from an alleged breach of contract by the other party without consideration. This is achieved by providing the other party with a signed written waiver, an informed decision waiving the right to seek an otherwise available remedy. or waiverA formal rejection of something, as a contract. Uniform Commercial Code, § 1-107. This provision applies to all contracts governed by the UCC and is not limited to the commercial provisions of Article 2. The existence of consideration distinguishes a contract from a gift. A gift is a voluntary and free transfer of property from one person to another without promising anything of value in return. Failure to keep a promise to make a gift is not enforceable as a breach of contract because there is no consideration for the promise.

3. Acceptance – The offer has been clearly accepted. Acceptance can be expressed by word, deed or execution as required by the contract. In general, acceptance should reflect the terms of the offer. If this is not the case, the acceptance is considered a rejection and a counter-offer. Cases involving pledges of charitable donations have long been problematic for the courts. Recognizing the need for such promises for charitable institutions, the courts have also pointed out that a mere promise of money to the general funds of a hospital, university or similar institution does not normally give rise to substantial action, but is simply a promise without consideration. If the promise prompts a non-profit organization to act, a stop of promissory notes is available as a remedy. In about a quarter of states, there is another doctrine for cases involving simple promises: the theory of « mutual promises, » in which the promises of many individuals are taken in exchange for each other and bind each promisor. This theory was not available to the applicant in the Timko case because it was the only promise. Two parties, a contractor and an owner, enter into a contract for the renovation of a house.

A week later, the contractor is not satisfied with the amount he is paid. He tells the owner that he will leave the yard when he is no longer paid for his services. Faced with the prospect of not having completed the desired work, the owner agrees. Under the pre-existing rule, the owner`s promise to pay the new amount is unenforceable because the contractor already had a pre-existing obligation to perform the requested work at the original price. No exchange has been negotiated for this change, so the owner no longer has to pay. As early as 1938, a judge called the already existing customs rule « one of the relics of an old law that should have been rejected long ago. » [7] Despite its shortcomings, the existing customs rule preserves the integrity of the Treaty and can effectively regulate treaty changes and prevent abusive practices during renegotiations. To ensure that it remains useful, the courts will continue to create exceptions and limit their application. [8] For various political reasons, courts will enforce certain types of promises even if no consideration is provided. Some of them are subject to the Uniform Commercial Code (UCC); Others are part of the established common law. 1. Offer – One of the parties has promised to take or refrain from taking certain actions in the future. 2.

Consideration – Something of value was promised in exchange for the declared action or non-action. This can take the form of a large amount of money or effort, a promise to provide a service, an agreement not to do something, or trust in the promise. Consideration is the value that leads the parties to enter into the contract. The seller undertakes to deliver one tonne of coal within seven days. The buyer needs the coal earlier and asks the seller to deliver within four days. The seller agrees. This commitment is binding even if the seller has not received any additional consideration beyond the purchase price of the agreed additional obligation (the obligation to deliver the coal to the buyer earlier than originally agreed). The UCC allows a trader`s firm offerA promise signed by a trader to keep open an offer signed in writing to oblige the trader to keep open the offer to buy or sell without consideration.

Uniform Commercial Code, § 2-205. It is the CDU`s equivalent of a common law option that, as you recall, needs to be considered. The existing customs rule is a logical consequence of the requirement to take it into consideration. Since the consideration that makes contracts enforceable must be « negotiated », it cannot consist of performance that the party already had an existing obligation to perform.