Question

Please write clear definitions of the following legal terms.

1. Consideration
2. Contractual Capacity
3. Duress
4. Fixture

Answer 1

Definition of consideration

1: continuous and careful thoughtAfter long consideration he agreed to their requests.

2a: a matter weighed or taken into account when formulating an opinion or planeconomic considerations forced her to leave college

b: a taking into accountin consideration of the enormous difficulties involved

3: thoughtful and sympathetic regardhis consideration of the needs of others

4: an opinion obtained by reflectionhis considerations favoring one profession over another

5: ESTEEM, REGARD… the family built themselves a large, ugly villa … and became people of consideration.— V. S. Pritchett

6a: RECOMPENSE, PAYMENTa consideration paid for legal services

b: the inducement to a contract or other legal transactionspecifically : an act or forbearance or the promise thereof done or given by one party in return for the act or promise of another

in consideration of

: as payment or recompense fora small fee in consideration of many kind services

Definition of Contractual Capacity

• Contractual capacity is an individual’s faculty to sign binding contracts with other parties either for himself or on behalf of a third party. It is a legal competence to step into an agreement
• Imagine that you see an ad online for a used computer. You respond to the advertisement and after a few emails back and forth about the computer, you decide you want to buy it. You want to enter into a contract with the seller for the purchase of their computer. You are 30 years old, and the other person is just 17 years old. So the question is, can this person enter the contract at age 17? In other words, does the 17-year-old have the capacity to enter into the contract as a minor?
• These questions relate to what is known as contractual capacity. Contractual capacity is the ability of a person to enter into a contract. There are certain classes of people that are typically incapable of entering a contract, or lacking contractual capacity. We will take a closer look at these categories.

Definition of duress

1law : forcible restraint or restrictionwhile the German army was still held in duress by the Versailles treaty— S. L. A. Marshall

2law : compulsion (see COMPULSION sense 1a) by threatgave the statement under duressspecifically : unlawful constraintheld under duress

Definition of fixture

1: the act or process of fixing : the state of being fixed

2a: something that is fixed or attached (as to a building) as a permanent appendage or as a structural parta plumbing fixture

b: a device for supporting work during machining

c: an item of movable property so incorporated into real property that it may be regarded as legally a part of it

3: a familiar or invariably present element or feature in some particular settingespecially : a person long associated with a place or activity

4: a settled date or time especially for a sporting or festive eventalso : such an event especially as a regularly scheduled affair

Synonyms

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