In: Finance
Explain the concept of consideration.
Describe the rules regarding consideration.
Explain how the UCC rules regarding consideration are different
from the common law rules regarding consideration.
Explain the legal effect of a lack of capacity on a person’s
ability to enter into a contract.
Describe the circumstances under which a party would have limited
capacity to enter into a contract.
Explain the legal effect of entering into a contract for an illegal
purpose.
Action Items
Research the differences between United States and Saudi Arabian
contracts with regard to consideration, capacity and illegal
purposes.
Respond to at least one of your classmates' postings.
Also, there is answer for a student that requires a
response:
Contract administration guidelines for public infrastructure
projects in the United States and Saudi Arabia:
International construction, where contractors perform works in
foreign countries, poses cultural and contractual risks resulting
from the dissimilarities in social and legal outlooks. One of the
major risks that leads to disputes in such international projects
is poor contract administration. Research has been focused toward
the cultural risks and ex-post dispute resolution in international
construction, missing the important ex-ante dispute avoidance
aspect. This paper addresses this knowledge gap with a special
focus on the Kingdom of Saudi Arabia (KSA), which is the largest
economy in the Middle East and North Africa. The paper does so by
providing in-depth—yet practical—contract administration guidelines
for U.S.
Concept of Consideration
Consideration is an essential element in a contract.Consideration commonly refers to something in return.This return may take the form of money or in kind.Consideration is given for the perfomance done adhering to the contract or in exchange for the services done.In the case of insurance contract the consideration is called premium.The consideration to become valid it should be given at the will of the promissor and can be past,present or future and must be real and have posses value.
Rules regarding consideration
There are certain rules to be complied in consideration .They are:
Difference between UCC rules and Common law regarding consideration
There are mainly two differences in UCC and Common law regarding consideration.They are
Legal effect of a lack of capacity on a person's ability in entering into a contract.
To lack the capacity to enter into a contract means that the person is unaware of what they are doing.These person may be a minor or may be mentally ill.Contract entered into by such person is hence voidable .It means that this contract will not have valid existence .It is voidable by the person .This protect this person from being forced to a deal that takes advantage of them.
Circumstances under which a party would have limited capacity to enter into contract
A party would have limited capacity to enter into a contract when
Difference between United States contract and Saudi Arabian contract with regards to consideration
In the case of United States,consideration is something of value by a promissor to promisee and past consideration is not a valid considaration.
In the case of Saudi Arabia ,consideration it is not necessary to give consideration.