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¶ … legal doctrine of consideration asserts that for a contract to be valid, something of value must be exchanged. In other words, there must be a change in the state of both parties (Stim 2017). A good example of this is the purchase of a car. The seller gains a specified amount of money while the buyer acquires a car. Although this may seem obvious and not need to be specified as one of the legally essential terms of a contract, it is useful in outlining what a contract is not. For example a contract cannot be drafted which demands that the individual take actions which he or she is already obliged to perform (Stim 2017). Parents do not have to enter into contracts with their children's teachers to demand that teachers educate their students. Gifts with "no strings attached" are not contracts; once again, bestowing a charitable donation does not necessitate a contract (Stim 2017).
If every exchange in human existence could constitute a contract, this would be extremely legally cumbersome and this also ensures that agreements which were intended...
The child cannot then complain about a contract violation if the gifted car was not what he or she wanted. Finally, the notion of consideration prevents non-enforceable contracts from being drafted. "For example, the laws in Maria's state prohibit firing an employee for refusing to sign a noncompete agreement. Maria signs one anyway, under threat of losing her job. The agreement is unenforceable because Maria's employer cannot do what it promised (or threatened) to do" (Stim 2017). Once again, nothing of value is being exchanged in such a contract because Maria does not have to give up her ability to work for another employer within the industry and thus her employer cannot gain this benefit from her.
Q2. Analyze the process a couple usually goes through when getting engaged by the terms used for contracting. Label each significant act or step according to the contractual concept it satisfies and explain.
Contracts do not have to be written, so the steps of entering into an agreement to become engaged could be viewed as a legally enforceable contract as follows:
Offer: The proposal of one member of the couple to the other party to enter into marriage…
References
Elements of a contract. (2017). Judicial Education Center. Retrieved from:
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Farnsworth, E. Allan, Young, William F., Sanger, Carol (2013). Contracts: cases and materials.
(Eighth). New York, NY Foundation Press.
http://www.nolo.com/legal-encyclopedia/consideration-every-contract-needs-33361.html
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