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How is Consideration Determined? Basically, a consideration is determined when the two or more parties to a contract change their positions, such as promising something you are not legally required to do or promosing not to do something you are legally free to pursue.
For example, if you enter into a contract with your neighbor wherein he agrees not to sue you for the damage you caused to his property, and in return, you agree to pay him a sum of $800, then the amount of $800 is the consideration your neighbor gets, whereas his promise to not sue you is the consideration you get
Every party to a contract must offer consideration in order to be included in the exchange. For example, if A promises B lunch from B's favorite restaurant in exchange for B's promise to mow A's lawn, the lunch would be the consideration for the promise of B to mow the lawn.
Elements of Consideration in Business LawConsideration Guidelines.Past, Present, and Future Consideration Examples.Legally Sufficient Value.
There are three requirements of consideration: 1) Each party must make a promise, perform an act, or forbear (refrain from doing something). 2) Each party's promise, act, or forbearance must be in exchange for a return promise, act, or forbearance by the other party.