consideration

there is a clear distinction sometimes between the motive that may induce to entering into a contract and the consideration of the contract. Nothing is consideration that is not regarded as such by both parties. It is the price voluntarily paid for a promisor's undertaking.

That which is rived from a contract; the a benefit accruing to him trouble or disadvantage to whom it is made. v. sideration; Executed consideration; Implied inal consideration; Past

The inducement fo a contract. The canse, motive, price, or impelling influence which induces a contracting party to enter into a contract. The ferred, upon the promisor, by any other porson, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suifered, by such person, other than such as he is at the time of consent lawfuily bound te suffer, as an inducement to the promisor, isa good consideration fer a promise. Civil Code Cal. § 1605. Any act of the plaintiff from which the defendant ora stranger derives a benefit or advantage, or any labor, detriment, ar inconvenience sustained by the plaintiff, however small, if such act is performed or inconvenience suffered by the plaintiff by the consent, express or implied, of the defendant. 3 Scott, 250. Considerations ave classified and defined as follows: They are either express or implied; the former when they are specifically stated in a deed, contract, or other instrument; the latter when inferred or supposed by the law from the acts or situation of the parties. They are either ewecuted or executory; the former being acts done or values given before or at the time of making the contract; the Julter being promises to give or do something in future. They are either good or valuable. A good consideration is such as is founded on natura! duty and affection, or ona strong moral obligation. A valuable consideration is founder on money, or something convertible into money, or having a value in money, except marriage, which is a valuable consideration. Code Ga, 1882, § 2741. See Chit. Cont, 7. A continuing consideration is one consisting in acts or performances which must necessarily extend over a considerable period of time. Concurrent considerations are those which arise at the same time or where the promises are simultaneous. Hquitabie or moral considerations aze deyoid of efficacy in point of strict law, but are founded upon a moral duty, and may be made the basis of an express promise. A gratuitous consideration is one which ia not founded upon any such loss, injury, or inconvenisnes to the party to whom it moves as to make it valid in law. Past consideration is an act done before the contract is made, and is really by itself no consideration for a promise. Anson, Cont, 82. CONSIDERATUM EST PHR CURI- AM. (It is considered by the court.) The Ml

Compensation; a jazW^ro yao. Good consideration: one founded on natural affection, blood relationship, as opposed to valuable consideration: a profit or loss capable of being estimated in money. Express consideration, when stated in the contract; implied, when arising from the law; executed, when performed prior to the promise founded upon it; executory, when to be performed after the promise is made.

[h Bi.consideratio, causa; Fr. cause.'] In the law of contracts. The material cause of a contract, without which no contract is binding. Termes de la ley. Cowell. Dyer, 336 b. Plowd. 309. Dig. 2. 14. Y. 1, 2. Code Civil liv. 8, tit. 3, sect. 4, § 1 131. Smith on Contracts, 88, note. 2 Ad. <t Ell. N. S. S5l. Otherwise defined or described as follows: The reason which moves the contracting party to enter into the contract. 2 Bl. Com. 443. The thing given in exchange for the benefit which is to be derived from a contract; the compensation, quid pro quo, or equivalent, answering to the permutatip of the civil law, or more closely perhaps to the Gr. avpd Xkayfia; something mutually or reciprocally interchanged, though not necessarily o? equal value.* 2 Bl. Com. 444. 2 Steph. Com. 112. Oravina, lib. 2, § 12. Cowell 2 ITent's Com. 463. The price or motive of the contract. 2 BL Com. 443, 4*44. 1 Archb. Nisi Prius, 3. The inducement to the contract. 2 Xinfs Com. 463. Any benefit accruing to him who makes the promise, or any loss, trouble or disadvantage undergone by, or charge impoaed upon him to whom it is made. Smith on Contracts, Ql, 88. 2 ITent^s Com. 466. 1 Arcl^. I^. Prius, 14, 15. Broom's Max. 341. See Good consideration. Valuable consideration, Express consideration. Implied consideration. Executed consideration. Executory consideration.