Asked by Razmin Ellazar on Jun 10, 2024

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Which of the following is not correct with respect to the adequacy of consideration?

A) Must be of some value and love and affection are not enough
B) Need not be present if the agreement is under seal
C) Need not be fair, unless there are extenuating circumstances (i.e., insanity or fraud)
D) Need not be legal if both parties clearly consent
E) Existing duty: a change in the contract requires new consideration

Adequacy of Consideration

The fairness of the value exchanged in a contract, ensuring that what is given by each party is of comparable worth.

Legal

Pertains to the system of rules that are created and enforced through social or governmental institutions to regulate behavior.

Existing Duty

An obligation that a party is already legally bound to under the terms of a contract or by law.

  • Interpret legal issues related to the adequacy of consideration and pre-existing duties.
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Verified Answer

LW
Lindsey WashingtonJun 11, 2024
Final Answer :
D
Explanation :
Consideration must be legal for a contract to be enforceable. If the consideration involves illegal activities, even with clear consent from both parties, the contract is void and unenforceable.