Executed consideration, also known as performance or completed consideration, is a legal concept that refers to the fulfillment of a promise or agreement. In contract law, it refers to the performance of an act or the rendering of a service that is promised in exchange for something else, such as money or another act or service.
For a contract to be enforceable, there must be mutual assent between the parties, meaning that both parties must agree to the terms of the contract and have the intention to be bound by it. In addition, there must be consideration, which is the exchange of something of value between the parties. Consideration can be either executed or executory, depending on whether it has been performed or is still outstanding.
Executed consideration occurs when the promise or agreement has been fulfilled by one party, and the other party has received the promised benefit or performance. For example, if Party A agrees to paint Party B's house in exchange for $500, and Party A completes the painting, the consideration has been executed. Party A has performed the agreed-upon act, and Party B has received the benefit of a freshly painted house.
The concept of executed consideration is important because it shows that both parties have fulfilled their obligations under the contract and that the exchange has been completed. It is also a key element in determining whether a contract is enforceable, as it demonstrates that there has been a valid exchange of value between the parties.
In contrast, executory consideration refers to a promise or agreement that has not yet been fulfilled. For example, if Party A agrees to paint Party B's house in exchange for $500, but the painting has not yet been completed, the consideration is executory. Once the painting is finished and Party B has received the benefit of a freshly painted house, the consideration becomes executed.
In conclusion, executed consideration refers to the fulfillment of a promise or agreement, in which one party has performed an act or rendered a service in exchange for something else. It is an important concept in contract law and is necessary for a contract to be enforceable.
What is Consideration? definition, rules and types
But as long as there is a consideration and we are all okay with that, it is sufficient. Take for example a person promises to lend money to a person to purchase a car at a later date as long as the receiving party promises to pay back the borrowed funds. Therefore, consideration need not be monetary, rather a forbearance to sue, promise for another promise, settlement of the dispute, refraining from something, detriment can also amount to consideration. Executory Consideration is a consideration for a promise or an act, which consideration has not yet been performed and which the party who is to perform is either bound by contract to perform or not. What matters is promisor must accept the consideration provided. Executory or future consideration is a situation where the consideration takes the form of a promise to be performed in the future.
Executed consideration
Here the word any other person means stranger, who is not a party to the contract. This article covers the main aspects of consideration, its essentials, what makes it valid, and its various types, emphasizing on executed and executory considerations. What is the difference between an executed contract and an executory contract? Any ideas or tips? TUTORIAL 5 WEEK 7 : CONSIDERATION Question 1 What is meant by executory and executed consideration? However, the contract act contains certain exceptions also, where agreements are enforceable even without consideration. Take for example a person borrows money from a lender for a car but fails to make an agreed-upon payment. It must be lawful: Consideration shall not be forbidden by law and it must not be immoral or opposed to the general public. On the other hand, an executory contract means that the promises of the contract are not fully performed immediately. A good example of such is a cash sale.
Consideration
General Principles of Contract Law, 1st Edition, Dar es Salaam: Dar es Salaam University Press. All the conditions of a lease cannot be fulfilled immediately. In such contracts, the consideration can only be performed sometime in the future, hence the name executory contract. It was held that the agreement must be seen to be a case of executory consideration. For example, money which has been promised to be paid under a contract which has been paid is executed consideration. In an executed purchase agreement, when the purchaser has paid a sum of money and the seller has delivered the goods, you can say that the contract is executed.
What is the difference between executed and executory consideration?
What Is an Executory Consideration? In the excitement of getting his pardon, Brathwait promised to pay Lampleigh £100, but later refused to hand over the money, so Lampleigh sued. The plaintiff paid for the repairs to the house. Thus, when the promise was rescinded and the plaintiff sued, the court could find no fresh consideration furnished for the latter promise, seeing that the initial influence of persuasion was a past consideration. The first exception to this rule was the erroneous contention that a prior request by the promisor to do some service for him makes the consideration valid even before the actual promise. Hewett Accordingly, consideration is said to be Executed when an act is performed in return for a promise. There are three requirements of consideration: 1 Each party must make a promise, perform an act, or forbear refrain from doing something. Consideration is executory when a promise to do something in the future is given in exchange for another promise to be done in the future.
