Why was 'consideration' embraced to mean 'failure of consideration', when this would be better termed as 'failure of basis'? Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern) Announcing the arrival of Valued Associate #679: Cesar Manara Unicorn Meta Zoo #1: Why another podcast?Is everything in a contract really a term or warranty?How is it realistic that a buyer would fail to communicate some feature of a product needed by the buyer, to a seller?How can a seller know the buyer's believing a product to feature something, but not the buyer's believing that the seller contracted this feature?Is the real estate contract still enforceable if ZERO Earnest Money Deposit is placed in Real Estate Purchase and Sale Agreement?How did 'consideration' semantically shift to mean 'something given in payment'?Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?Why's A's expected profit $.04?What does “hold to order” mean?“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

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Why was 'consideration' embraced to mean 'failure of consideration', when this would be better termed as 'failure of basis'?
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Is everything in a contract really a term or warranty?How is it realistic that a buyer would fail to communicate some feature of a product needed by the buyer, to a seller?How can a seller know the buyer's believing a product to feature something, but not the buyer's believing that the seller contracted this feature?Is the real estate contract still enforceable if ZERO Earnest Money Deposit is placed in Real Estate Purchase and Sale Agreement?How did 'consideration' semantically shift to mean 'something given in payment'?Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?Why's A's expected profit $.04?What does “hold to order” mean?“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449.
I agree with
the author that 'consideration' is ambiguous and can be confounded.
Lord Toulson that "failure of basis" is more accurate.
Please see the question in the title. Why was "consideration" standardized and chosen by lawyers?
contract-law
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Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449.
I agree with
the author that 'consideration' is ambiguous and can be confounded.
Lord Toulson that "failure of basis" is more accurate.
Please see the question in the title. Why was "consideration" standardized and chosen by lawyers?
contract-law
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449.
I agree with
the author that 'consideration' is ambiguous and can be confounded.
Lord Toulson that "failure of basis" is more accurate.
Please see the question in the title. Why was "consideration" standardized and chosen by lawyers?
contract-law
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449.
I agree with
the author that 'consideration' is ambiguous and can be confounded.
Lord Toulson that "failure of basis" is more accurate.
Please see the question in the title. Why was "consideration" standardized and chosen by lawyers?
contract-law
contract-law
New contributor
Antinatalist is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
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