Agreements Lacking Consideration: Gift Promises
This lesson takes a look at one type of agreement that lacks consideration: gift promises.
This lesson takes a look at one type of agreement that lacks consideration: gift promises.
This podcast considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. 29 (1861) and Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891).
This lesson takes a look at two types of agreements that lack consideration: those supported by past consideration or moral obligation. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. Where consideration was given in the past or the promisee is only morally obligated to make the promise, bargained-for-exchange is lacking and the promises are not enforceable.
This lesson will familiarize the user with Alabama's primary sources, including the state constitution, statutes, administrative regulations, and case law. Among other things, this lesson addresses how a bill becomes law in Alabama, five ways to find Alabama statutes, and six ways to find Alabama cases with the West Digest System. The lesson discusses print and online sources, including researching primary law with free online services. This lesson does not cover secondary sources, such as treatises and law review articles.
This lesson will familiarize you with secondary sources covering Alabama law. This lesson supplements the lesson on Alabama primary sources. You will learn about finding aids for researching secondary sources and explore both online and print tools available to access those materials.
This lesson shows how to research Alaskan state law. Topics include statutes and codes, administrative law, ethics rules, the court system, secondary sources, and cases. Using a hypothetical research problem, the lesson walks through efficient ways to find answers.
This is the second in a series of lessons on culpability requirements under the Model Penal Code (MPC). This lesson, which assumes students are familiar with the basic requirement that every material element have a state of mind, addresses the state of mind that applies to each element when one or more states of mind are contained in an MPC criminal statute. The lesson introduces students to the various types of elements in MPC statutes and to the general rule, found in § 2.02(4), that where a state of mind is specified, it applies to all material elements unless a contrary purpose plainly appears. The lesson affords students the opportunity to practice the default rules relating to states of mind on mock statutes and to learn how the legislature expresses a contrary purpose.
This lesson will teach you how to locate treaties between Indian tribes and the United States government. It will also show you how to determine whether a particular treaty provision is still in effect and how to interpret ambiguous treaty provisions.
This lesson is an introduction to the American Law Reports (ALR) and is intended for use by students in introductory legal research classes. The goal is to give you an understanding of the features of the resource, the best methods for using it, and an understanding of when to use it. The lesson covers both print and electronic formats of ALR.
This lesson explores one of the fundamental lawyering skills, which is to think like a lawyer, or analyze. Students will go through basic analysis exercises, so they can master this technique prior to writing exams.
This lesson also includes video commentary from the author that expands on the material in the lesson.
First-year law students often understand the law and know the right conclusion, but struggle to apply the law thoroughly in order to maximize their scores. This lesson is designed to help law students who may have received feedback that their analysis is conclusory.
This brief lesson will familiarize the student with the basic parts of a case (i.e., the written decision of a court) published in print and on Westlaw.