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Old 10-03-2007, 12:37 PM
eviljeff eviljeff is offline
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Default Re: Basic legal things everyone should know

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This is wrong; consideration does not fail because of a disparity between items exchanged. Nominal consideration (one dollar, a peppercorn, a hawk's feather, etc.) has been upheld time and time again.

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but not always...

"Disparity in value, with or without other circumstances, sometimes indicates that the purported consideration was not in fact bargained for but was a mere formality or pretense. Such a sham or 'nominal' consideration does not satisfy the requirement of § 71." Restat 2d of Contracts, § 79.

"In consideration of one cent received, A promises to pay $ 600 in three yearly installments of $ 200 each. The one cent is merely nominal and is not consideration for A's promise." Restat 2d of Contracts, § 79.

The answer, of course, is "it depends."
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