Agreements Lacking Consideration: Gift Promises - Discussions in Contracts Podcast

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).

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Explain why for there to be a contract, there must be consideration or another justification for enforcing the agreement.
2. Explain why promises to make a gift are not supported by consideration.
3. Apply the rule for bargained-for exchange.
4. Identify situations where there’s no consideration because there is a promise of a gift.