4 ms·

Care to explain why he's wrong, or are we to assume your expertise, random internet person?

user5994461 10y ago
Assume the expertise. A whole semester of university dedicated to contract law: Consumer contracts and B2B contracts in the national law, then the specifics when dealing with a party in another European country and internationally. You'll see what a contract needs to be valid during these courses. There is simply nothing about both parties requiring to gain something.
- lisper 10y ago
  You should demand your tuition money back. http://www.nolo.com/legal-encyclopedia/consideration-every-contract-needs-33361.html http://www.nolo.com/legal-encyclopedia/consideration-every-c...
  - user5994461 10y ago
    Too bad, the best schools are free where I come from. A few ones actually pay you. The point stands. Your link doesn't infirm what I said.
    - lisper 10y ago
      > Your link doesn't infirm what I said. LOL. Res ipsa loquitur.
      - user5994461 10y ago
        Dura lex sed lex.
    - PeterisP 10y ago
      "the best schools are free where I come from" generally implies living in one of civil law jurisdictions, where many legal principles are quite opposite from USA. A good bunch of things taught in a contract law class are subtly wrong even for a very similar neighbouring country (in EU it's now getting a bit better because of harmonization efforts) but common vs civil law changes pretty much everything. And a semester in contract law is not really much expertise - any MBA with a semester in USA contract law would have much more relevant expertise than us Europeans talking.
- regulation_d 10y ago
  We certainly don't have all the facts surrounding this case, but we definitely have enough to move forward under the assumption that this would be resolved with American and probably Californian law. I'll leave you to research whether California requires consideration for valid contract.
- jhall1468 10y ago
  > European country and internationally. You think you are qualified to determine ANYTHING about US contract law when you've taken a single semester in contract law related to an entirely different country? By your logic I am basically a Astronomer. Except mine is more relevant since astronomy is the same regardless of where you take a "whole semester" of it.
rhino369 10y ago
I have no idea since I haven't reviewed the contract. But consideration can be more than just cash money. In some areas and circumstance continued employment can be enough consideration. Or getting access to more information might be enough. There isn't a bright line rule.
- regulation_d 10y ago
  We definitely don't have all the facts and learning new facts could definitely change the direction of the conversation. I hope that we all understand that this arm-chair lawyering is, at its core, a hypothetical exercise. But even if we are allowed to infer consideration, and I agree with you that we are, this contract isn't simply lacking the terms of consideration. It doesn't appear to contemplate consideration at all, which in my experience, is unheard of for these types of agreements.
  - user5994461 10y ago
    Well, the contract has been published, we could get more facts. (except it's midnight now and I'm not gonna read it carefully now) Without going into the extreme details of this case. Being "considerate" in legal jargon is much more subtle than "both parties have to gain something" in engineering talk. Determining the consideration can be as hard as a NP problem, to speak in engineer :D Back to my original point: Let's not talk people into signing perfectly valid contracts, hoping for a loophole because it didn't look nice enough to them!
  - rhino369 10y ago
    Normally, you'd be allowed to look at the entire circumstance to determine consideration if it was unstated. however, this contract contains some pretty strong clauses about the document being the entire terms of the contract. So maybe that would be enough to invalid it. But that would depend on the specific jurisdictions case law on contracts and then how the judges reading the contract. If this were my client and he got some kind of consideration, I'd tell him to treat it like a valid contract. Though I'd trying to poke holes in it during litigation. But litigation is losing 9 out of 10 times, even if you win.

Assume the expertise. A whole semester of university dedicated to contract law: Consumer contracts and B2B contracts in the national law, then the specifics when dealing with a party in another European country and internationally. You'll see what a contract needs to be valid during these courses. There is simply nothing about both parties requiring to gain something.

lisper 10y ago
You should demand your tuition money back. http://www.nolo.com/legal-encyclopedia/consideration-every-contract-needs-33361.html http://www.nolo.com/legal-encyclopedia/consideration-every-c...
- user5994461 10y ago
  Too bad, the best schools are free where I come from. A few ones actually pay you. The point stands. Your link doesn't infirm what I said.
  - lisper 10y ago
    > Your link doesn't infirm what I said. LOL. Res ipsa loquitur.
    - user5994461 10y ago
      Dura lex sed lex.
  - PeterisP 10y ago
    "the best schools are free where I come from" generally implies living in one of civil law jurisdictions, where many legal principles are quite opposite from USA. A good bunch of things taught in a contract law class are subtly wrong even for a very similar neighbouring country (in EU it's now getting a bit better because of harmonization efforts) but common vs civil law changes pretty much everything. And a semester in contract law is not really much expertise - any MBA with a semester in USA contract law would have much more relevant expertise than us Europeans talking.
regulation_d 10y ago
We certainly don't have all the facts surrounding this case, but we definitely have enough to move forward under the assumption that this would be resolved with American and probably Californian law. I'll leave you to research whether California requires consideration for valid contract.
jhall1468 10y ago
> European country and internationally. You think you are qualified to determine ANYTHING about US contract law when you've taken a single semester in contract law related to an entirely different country? By your logic I am basically a Astronomer. Except mine is more relevant since astronomy is the same regardless of where you take a "whole semester" of it.

rhino369 10y ago

I have no idea since I haven't reviewed the contract. But consideration can be more than just cash money. In some areas and circumstance continued employment can be enough consideration. Or getting access to more information might be enough. There isn't a bright line rule.

regulation_d 10y ago
We definitely don't have all the facts and learning new facts could definitely change the direction of the conversation. I hope that we all understand that this arm-chair lawyering is, at its core, a hypothetical exercise. But even if we are allowed to infer consideration, and I agree with you that we are, this contract isn't simply lacking the terms of consideration. It doesn't appear to contemplate consideration at all, which in my experience, is unheard of for these types of agreements.
- user5994461 10y ago
  Well, the contract has been published, we could get more facts. (except it's midnight now and I'm not gonna read it carefully now) Without going into the extreme details of this case. Being "considerate" in legal jargon is much more subtle than "both parties have to gain something" in engineering talk. Determining the consideration can be as hard as a NP problem, to speak in engineer :D Back to my original point: Let's not talk people into signing perfectly valid contracts, hoping for a loophole because it didn't look nice enough to them!
- rhino369 10y ago
  Normally, you'd be allowed to look at the entire circumstance to determine consideration if it was unstated. however, this contract contains some pretty strong clauses about the document being the entire terms of the contract. So maybe that would be enough to invalid it. But that would depend on the specific jurisdictions case law on contracts and then how the judges reading the contract. If this were my client and he got some kind of consideration, I'd tell him to treat it like a valid contract. Though I'd trying to poke holes in it during litigation. But litigation is losing 9 out of 10 times, even if you win.