Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bargain theory of consideration.
the theory that a promise in exchange for a promise is sufficient consideration for a contract. ( this theory underlies all bilateral contracts. See bilateral contract under contract. "we saw earlier that classical contract theory tended to associate the doctrine of consideration with the concept of bargain. The emphasis of classical law shifted away from actual benefits and detriments to the mutual promises which constitute a wholly executory contract. American lawyers developed from this trend a bargain theory of consideration' and similarly in english law a more modern basis for the doctrine of consideration was found by some lawyers in the notion that a contract is a bargain in which the consideration is the price of the bargain. Allied to this price' of the bargain." p.s. atiyah, an introduction to the law of contract 119 (3d ed. 1981)
Consideration
n. 1. Something of value (such as an act, a forbearance, or a return promise) received by a promisor from a promisee. Consideration, or a substitute such as promissory estoppel, is necessary for an agreement to be enforceable 2 Hist a court judgement also termed (in Roman law)consideration "A 'consideration' has been explained to be 'any act of the plaintiff from which the defendant, or a stranger, derives a benefit or advantage, or any labour, detriment, or inconvenience sustained by the plaintiff, however small the detriment or inconvenience may be, if such act is performed, or inconvenience suffered by the plaintiff with the assent, express or implied, of the defendant, or, in the language of pleading, at the special instance and request of the defendant'." Thomas E. Holland, The Elements ofJurisprudence 286 (13th ed. 1924).
Court for Consideration of Crown Cases Reserved
Hist. A court established in 1848 to review questions of law arising in criminal cases. 9 Trial judges posed the postverdict questions of law to the Court, which decided whether error had been committed. The Court was abolished in 1907, and its jurisdiction was transferred to the Court of Criminal Appeal. -Also termed Court for Crown Cases Reserved . "It was an old practice for the judge, in case of a conviction, if he felt a doubt as to the law, to respite judgment or sentence, and discuss the matter informally with the other judges. If they thought that the prisoner had been improperly convicted, he was pardoned. Statutory authority was given to this practice in 1848 by the establishment of the court for Crown Cases Reserved. All the judges were members of this court; and five, of whom the Lord Chief Justice must be one, formed a quorum." 1 William Holdsworth, A History of English Law 217 (7th ed. 1956).
ad audiendam considerationem curiae
vb. [Law Latin] To hear the judgment of the court.
additional-consideration rule.
Employment law. An exception to the employment-at-will principle, whereby an employee who does not have a written contract but who undertakes substantial hardship in addition to the normal job duties - as by relocating to a different city based on oral assurances of job security - can maintain a breach-of-contract claim if the employer does not fulfill its agreement.
adequate consideration
Consideration that is fair and reasonable under the circumstances of the agreement. Cf. sufficient consideration.
and other good and valuable consideration
See other consideration.
concurrent consideration
Consideration arising at the same time as other consideration, or where the promises are simultaneous.
consideration, failure of
See FAILURE OF CONSIDERATION.
consideration, want of
See WANT OF CONSIDERATION.
continuing consideration
See CONSIDERATION.
due consideration
See sufficient consideration.
ethical consideration
An aspirational goal or principle intended to guide a lawyer's professional conduct. ( A lawyer's violation of these considerations (which are contained in the Model Code of Professional Responsibility) does not necessarily subject the lawyer to discipline. - Abbr. EC. Cf. DISCIPLINARY RULE.
executed consideration
A consideration that has been wholly given; past consideration as opposed to present or future consideration.
executory consideration
A consideration that is to be given only after formation of the contract; present or future consideration as opposed to past consideration.
express consideration
Consideration that is specifically stated in an instrument.
failure of consideration
A situation in which a contract's basis or inducement ceases to exist or becomes worthless. ( This term, unlike consideration per se, relates not to the formation of a contract but to its performance. See CONSIDERATION. Cf WANT OF CONSIDERATION. "An illustration will help indicate how the term is used. If C promises to build a structure for O and O promises to make payment when the work is completed, it is clear that there is consideration on both sides of this contract and that therefore a contract was formed upon the exchange of promises. If C fails to perform, the result is sometimes described as a 'failure of consideration.' 'Failure of consideration' simply means a failure to perform and as used covers both a material breach of constructive conditions and a failure to perform an express condition. The use of the term 'failure of consideration' in this sense appears to be an unnecessary invitation to confusion because the word consideration is being used in two different senses. Fortunately, the use of this phrase has gradually fallen into disuse. It is, however, still sufficiently widespread to be mentioned here. This volume nowhere utilizes 'failure of consideration' as an operative concept." John D. Calamari & Joseph M. Perillo, The Law of Contracts ยง 11-21, at 474-75 (3d ed. 1987).
fair and valuable consideration
See fair consideration under CONSIDERATION.
fair consideration
See CONSIDERATION.
future consideration
1. Consideration to be given in the future; esp., consideration that is due after the other party's performance. 2. Consideration that is a series of performances, some of which will occur after the other party's performance. 3. Consideration the specifics of which have not been agreed on between the parties. Cf. past consideration. "It is helpful to observe precision in use of vocabulary when analyzing consideration issues. Distinguish carefully between 'adequate' consideration and 'sufficient' consideration. 'Adequacy' rfers to whether there was a fair bargain involving an exchange of equal values. 'Sufficiency' refers to whether the consideration is legally sufficient to enforce a promise, and this requires only that there be some legal detriment incurred as a bargained exchange for the other party's promise." Claude Rohwer & Gordon D. Schaber, Contracts in a Nutshell 83 (4th ed. 1997).
future consideration.
See CONSIDERATION
good and valuable consideration
See legal consideration.
good and valuable consideration.
See valuable consideration under CONSIDERATION.
good consideration
1.Consideration based on natural love or affection or on moral duty <good consideration, being based purely on affection, does not amount to valuable consideration. 0 Such consideration is usu. not valid for the enforcement of a contract. -Also termed meritorious consideration; moral consideration. "A good consideration is that of blood, or the natural love and affection which a person has to his children, or any of his relatives .... A good consideration is not of itself sufficient to support a promise, any more than the moral obligation which arises from a man's passing his word; neither will the two together make a binding contract; thus a promise by a father to make a gift to his child will not be enforced against him. The consideration of natural love and affection is indeed good for so little in law, that it is not easy to see why it should be called a good consideration ...." Joshua Williams, Principles of the Law of Personal Property 95-96 (11th ed. 1881).
good consideration.
See CONSIDERATION.
gratuitous consideration
Consideration that, not being founded on any detriment to the party who gives it, will not support a contract; a performance for which a party was already obligated.
gratuitous consideration.
See CONSIDERATION.
illegal consideration
Consideration that is contrary to the law or public policy, or prejudicial to the public interest. ( Such consideration does not support a contract.
immoral consideration
A consideration that so offends societal norms as to be invalid. ( A contract supported by immoral consideration is usu. voidable or unenforceable.
implied consideration
See CONSIDERATION,
impossible consideration
See CONSIDERATION
in consideratione inde
[Law Latin] In consideration thereof.
in consideratione legis
[Law Latin] 1. In consideration or contemplation of law. 2. In abeyance.
in consideratione praemissorum
[Law Latin] In consideration of the premises.
inadequate consideration
Consideration that does not involve an exchange of equal values.
invented consideration
Fictional consideration created by a court to prevent the invalidation of a contract that lacks consideration.
legal consideration
See valuable consideration under CONSIDERATION.
legally sufficient consideration
See sufficient consideration.
meritorious consideration
See good consideration under CONSIDERATION. meritorious defense. See DEFENSE
moral consideration
See good consideration.
nominal consideration
Consideration that is so insignificant as to bear no relationship to the value of what is being exchanged (e.g., $10 for a piece of real estate). ( Such consideration can be valid, since courts do not ordinarily examine the adequacy of consideration (although they do often inquire into such issues as fraud and duress). - Also termed peppercorn.
nominal consideration.
See CONSIDERATION
other consideration
Additional things of value to be provided under the terms of a contract, usu. unspecified in the contract, deed, or bill of sale, because they are too numerous to conveniently list, or to avoid public knowledge of the total amount of consideration. - Also termed other good and valuable consideration.
other consideration.
See CONSIDERATION.
partial failure of consideration
A situation in which the contract consists of separable items of consideration and separable parts of the agreement, so that if part of the consideration fails, the appropriate part of the agreement can be apportioned to it. 0 The several parts of the contract are in effect treated as separate contracts, and the contract is voided only to the extent that the consideration for one part fails.
past consideration
An act done or a promise given by a promisee before making a promise sought to be enforced. a Past consideration is not consideration for the new promise because it has not been given in exchange for this promise (although exceptions exist for new promises to pay debts barred by limitations or debts discharged in bankruptcy). See PREEXISTING-DUTY RULE. Cf. future consideration. "A past consideration is, in effect, no consideration at all; that is to say, it confers no benefit on the promisor, and involves no detriment to the promisee in respect of his promise. It is some act or forbearance in time past by which a man has benefited without thereby incurring any legal liability." William R. Anson, Principles of the Law of Contract 149 (Arthur L. Corbin ed., 3d Am. ed. 1919).
per considerationem curiae
[Law Latin] By the consideration of the court.
promise in consideration of marriage
A promise for which the actual performance of the marriage is the consideration, as when a man agrees to transfer property to a woman if she will marry him. ( A promise to marry, however, is not considered a promise in consideration of marriage.
reconsideration.
The action of discussing or taking something up again <legislative reconsideration of the measure>.
sine consideratione curiae
[Law Latin] Without the judgment of the court.