What is Just Consideration? A Comprehensive Legal Overview

Definition & Meaning

Just consideration refers to a type of consideration in legal agreements that is deemed sufficient for the purpose of enforcing a contract. It implies that the consideration exchanged is fair and reasonable, meeting the legal standards necessary for the contract to be valid. In essence, it ensures that both parties involved in a transaction are receiving something of value that justifies their agreement.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person sells their car to another for $5,000. The buyer pays the agreed amount, which serves as just consideration for the car.

Example 2: A homeowner offers a contractor $10,000 to renovate their kitchen. The payment is just consideration for the work performed. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Consideration Requirements
California Consideration must be lawful and not against public policy.
New York Consideration must be adequate but not necessarily equal.
Texas Consideration can be a promise, act, or forbearance.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Consideration Something of value exchanged between parties in a contract. Just consideration is a subset that emphasizes fairness and adequacy.
Good faith Honesty and sincerity in transactions. Just consideration requires good faith but focuses on the value exchanged.

What to do if this term applies to you

If you are entering into a contract, ensure that the consideration you offer is just and adequate. You can use US Legal Forms to find templates that help you draft agreements that meet legal standards. If your situation is complex, consider seeking advice from a legal professional.

Quick facts

  • Consideration must be legally sufficient to enforce a contract.
  • Just consideration emphasizes fairness in value exchanged.
  • Different states may have varying requirements for consideration.

Key takeaways

Frequently asked questions

Just consideration is the fair value exchanged in a contract that meets legal standards for enforceability.