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What is Good Consideration? A Comprehensive Legal Overview
Definition & Meaning
Good consideration refers to a type of consideration in legal agreements that is based on moral obligation, affection, or natural duty rather than monetary value. It is often recognized in situations involving familial or close relationships, where actions are motivated by love, affection, or a sense of duty. This concept stands in contrast to valuable consideration, which typically involves a tangible benefit exchanged between parties.
Table of content
Legal Use & context
Good consideration is primarily used in contract law and family law. It can come into play in cases involving gifts, promises, or agreements where the parties share a personal connection. For instance, a parent may promise to give their child a sum of money as a gift, relying on good consideration rather than a formal exchange of value. Users can manage related legal documents using templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A grandmother promises to give her grandson a car as a gift. This promise is based on affection and does not involve a monetary exchange (hypothetical example).
Example 2: A friend agrees to help another friend move, motivated by their friendship rather than any payment. This assistance is an example of good consideration.
State-by-state differences
Examples of state differences (not exhaustive):
State
Good Consideration Recognition
California
Recognizes good consideration in familial agreements.
New York
Good consideration is acknowledged in informal agreements.
Texas
Good consideration may not be sufficient in enforceable contracts.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Good Consideration
Based on moral obligation or affection.
Not tied to monetary value.
Valuable Consideration
Involves a tangible benefit exchanged.
Requires a measurable exchange of value.
Common misunderstandings
What to do if this term applies to you
If you believe good consideration applies to your situation, consider documenting any agreements clearly, even if they are informal. You can explore US Legal Forms for templates that can help you create necessary documents. If your situation is complex, it may be beneficial to consult a legal professional for tailored advice.
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