[法] 对价
所谓对价(consideration)是英美合同法中的重要概念,其内涵是一方为换取另一方做某事的承诺而向另一方支付的金钱代价或得到该种承诺的承诺。
[科技] 考虑
谈逆向思考方法 和一莲 关键词】方法;思考;考虑 [gap=455]Keywords】Method; Ponder; Consideration
体贴
体贴(Consideration):在初次商务交谈中,你应该对对方态度体贴细致,由此在不知不觉中亲切的气氛就会营造起来。
代价
... Connected transaction关联交易 Consideration约定金额;代价;考虑因素 Consolidation整合;合并;盘整 ...
考虑到 ; 顾及
在考虑中 ; 考虑中 ; 在研究中
考虑到 ; 由于 ; 以……为约因 ; 鉴于
Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.In common law it is a prerequisite that both parties offer consideration before a contract can be thought of as binding. The doctrine of consideration is irrelevant in many jurisdictions, although contemporary commercial litigant relations have held the relationship between a promise and a deed is a reflection of the nature of contractual considerations. If there is no element of consideration found, there is thus no contract formed.However, even if a court decides there is no contract, there might be a possible recovery under quantum meruit (sometimes referred to as a quasi-contract) or promissory estoppel.If A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.Additionally, if A signs a contract with B such that A will paint B's house for $500, A's consideration is the service of painting B's house, and B's consideration is $500 paid to A.Further, if A signs a contract with B such that A will not repaint his own house in any other color than white, and B will pay A $500 per year to keep this deal up, there is also consideration. Although A did not promise to affirmatively do anything, A did promise not to do something that he was allowed to do, and so A did pass consideration. A's consideration to B is the forbearance in painting his own house in a color other than white, and B's consideration to A is $500 per year.Conversely, if A signs a contract to buy a car from B for $0, B's consideration is still the car, but A is giving no consideration, and so there is no valid contract. However, if B still gives the title to the car to A, then B cannot take the car back, since, while it may not be a valid contract, it is a valid gift.There are a number of common issues as to whether consideration exists in a contract.