consideration是什么意思，consideration翻译

consideration是什么意思，consideration翻译

Consideration is an essential element in the formation of a contract. It refers to something of value that is exchanged between parties to a contract. It is a promise made by one party to do or refrain from doing something in order to induce the other party to enter into the contract. Without consideration, a promise is not enforceable under the law.

There are two types of consideration: actual consideration and constructive consideration. Actual consideration is something of value that is given by the promisee to the promisor, such as money, goods, or services. Constructive consideration is a promise to do or refrain from doing something that is of value to the promisee, even if no tangible benefit is given by the promisee to the promisor.

For consideration to be valid, it must meet certain requirements. First, it must be real and enforceable. This means that it must be something that the parties intend to be binding and legally enforceable. Second, it must be bargained for and agreed upon by the parties. This means that both parties must have a mutual understanding and agreement as to what the consideration is and what it is worth. Finally, it must be adequate, but does not have to be equivalent, to the promise being made.

In practice, consideration is often a key issue in contract disputes. Parties may argue that the consideration provided was not adequate or that there was no consideration given at all. In such cases, the court will examine the facts and circumstances of the case to determine whether the consideration is valid. If the court finds that there is no valid consideration, it may hold the contract unenforceable.

In conclusion, consideration is a fundamental concept in contract law. It is an essential element in the formation of a contract and must be real, enforceable, and bargained for by the parties. While it does not have to be equivalent to the promise being made, it must be adequate and of value to the promisee. Without consideration, a contract is not enforceable under the law.