The element of consideration in .NET

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The element of consideration
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Another recognized element of a contract is consideration. This term basically refers to the requirement that both sides must be giving up something of value to enter into the agreement. For example, if I advertise the auto for free, that may well be an offer that you may accept. But there is no contract. Why Because there is no consideration; only one of us has given up something of value. On the other hand, if I offer the auto to whoever agrees to tow it away, a binding contract may exist. The towing service has value and may constitute consideration.
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Implied contracts
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Implied contracts are contracts that, as their name suggests, are implied from the conduct of the parties and other circumstances surrounding the transaction. For example, suppose there is a milkman that always delivers milk to your house. You have never actually met him, but you take the milk in the house and drink it every week. If the court were to look for evidence of an offer and an acceptance, it might not nd any. But based on the conduct of the parties, it is likely that an implied contract exists. Implied contracts are based on the legal doctrines of promissory estoppel or unjust enrichment. Under these doctrines, a party may be disallowed (that is, estopped) from denying the existence of a contract. This happens when it is
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simply unfair, in the court s view, to allow a party to wiggle out of any obligations based on its overall conduct in inducing the other party to perform.
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Sales of Goods under the Uniform Commercial Code
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It would be pretty dif cult to have a nationally based economy in this country if businesses were required to comply with different contractual laws for each of the 50 states, Puerto Rico, and the District of Columbia. Instead, we have the Uniform Commercial Code (UCC). The UCC consists of numerous articles, covering various aspects of contract law, which were drafted by a special committee. State legislatures decide whether to adopt a version of the UCC and incorporate its provisions in their state s laws. Some version of the UCC is currently in effect in all states, except Louisiana.
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What contracts are covered by the UCC
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The UCC applies to sales of goods. It does not apply to services. This can be confusing. For example, if I get my car s oil changed, is that a good or a service It is probably a service, and the oil and grease (or whatever they put in my car) are incidental to providing the service. Accordingly, the UCC does not apply. But because the UCC is based on common law (that is, law that has evolved on a case-by-case basis), many of its provisions can be analogized to provide insight as to how contracts for services are treated.
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The UCC deals with sales of goods and is especially useful in the absence of a written contract, or when a dispute arises as to speci c contractual terms that cannot be resolved with reference to the written documents. The UCC provides a lot of rules for determining and implying contractual terms when no one can gure out what was originally intended by looking at the forms. It s a sad fact of business life that most contracts are not fully negotiated and sales forms are not always clearly or correctly drafted. The process of contracting begins with a phone call and the dispatch of a form by one party. The buyer and seller may both dispatch their own forms con rming the transaction, and the terms contained in these forms may not be the same. The buyer s forms are drafted to give the buyer an advantage, and the seller s forms are drafted to give the seller an advantage. Most of the time this does not pose a problem; the deal goes off without a hitch. But sometimes, as the parties begin to perform, a dispute arises. Then everybody sits down to read their own forms and each other s, probably for the rst time. The UCC attempts to deal with this common scenario that probably originated when the rst contracts were carved on stone tablets.
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