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Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act.
The district court denied Netscape's motion to dismiss the case. The court held that a contract becomes binding "when there is a meeting of the minds and consideration is exchanged." Since the plaintiffs were not given sufficient opportunity to review the arbitration clause in the SmartDownload EULA, Netscape could not compel that technique for ...
Godcharles v. Wigeman, 113 Pa. 431 (1886), was a decision of the Supreme Court of Pennsylvania recognizing a freedom of contract between employers and their employees that state legislators were powerless to regulate. Specifically, this case struck down a state law requiring wages to be paid in cash. Cited approvingly in Lochner v.
(1853) 23 LJ Ex 36; 24 Eng Law & Eq 434: ... White v Bluett (1853) 23 LJ Ex 36 is an English contract law case, concerning the scope of consideration in English law.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 is a judicial decision of the Supreme Court of the United Kingdom relating to contract law, concerning consideration and estoppel. Specifically it concerned the effectiveness of "no oral variation" clauses, which provide that any amendments or waiver in relation to the ...
De Cicco v. Schweizer, [a] 117 N.E. 807 (N.Y. 1917), is a notable contract law case concerning privity of contract and consideration.The case examined whether there was consideration in a contract where person A makes a promise to person B, and in exchange person B promises to perform a previous contract obligation to person C.
The case held that standard clauses established by regulations may be considered as being in every Federal contract. Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a ...
Amway Corp., [2] and consistent with a Ninth Circuit case, Douglas v. U.S. District Court ex rel Talk America [3] the court found that Blockbuster's arbitration provision was illusory and unenforceable, because there was nothing in the Terms and Conditions that would prevent Blockbuster from "unilaterally changing any part of the contract", "at ...