JURI-2136EL Lecture Notes - Lecture 6: Consumer Protection, Judicial Discretion, Quid Pro Quo
27 Nov 2015
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Who should be deemed incapable of forming intent: if incapable then agreement not voluntary, basic premise of contract not met. Impaired very discretionary: were they sufficiently impaired, must disown contract within a reasonable time (when you become sober, judges likely consider whether they deserve to be let off. What is promised, given, done is the consideration. What it is that is being promised in the contract what you bargain for. Traditionally judges did not question adequacy of consideration whether it is a good bargain. Up to the parties to protect themselves: lasses faire (you create your own bargains you should protect yourself) Consumer protection act protects us against bad bargains. Courts also increasingly willing to protect against really bad bargains. Form of consideration, of what is promised: money, property, performance of service, forbearance from doing something (e. g. court settlement: consideration is forbearance)
