consideration

English translation: remuneration, payment or other benefit

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:consideration
Selected answer:remuneration, payment or other benefit
Entered by: wonita (X)

10:01 Mar 30, 2009
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: consideration
Any such modification or amendment shall be binding upon both Parties even if no consideration is agreed, if expressly referred to this Agreement, made in writing and signed by both Parties
Bin Tiede (X)
Germany
Local time: 08:53
remuneration, payment or other benefit
Explanation:
It is a vital element of a valid contract in English law (no consideration = no contract; if contract changes: no fresh consideration = no contractual obligations), just to simplify.

Please see:
onsideration
n. 1) payment or money. 2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration). In a contract, one consideration (thing given) is exchanged for another consideration. Not doing an act (forbearance) can be consideration, such as "I will pay you $1,000 not to build a road next to my fence." Sometimes consideration is "nominal," meaning it is stated for form only, such as "$10 as consideration for conveyance of title," which is used to hide the true amount being paid. Contracts may become unenforceable or rescindable (undone by rescission) for "failure of consideration" when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly). Acts which are illegal or so immoral that they are against established public policy cannot serve as consideration for enforceable contracts. Examples: prostitution, gambling where outlawed, hiring someone to break a skater's knee or inducing someone to breach an agreement (talk someone into backing out of a promise).
See also: contract
http://dictionary.law.com/default2.asp?selected=305&bold

Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.

Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance.

Consideration must have a value that can be objectively determined. A promise, for example, to make a gift or a promise of love or affection is not enforceable because of the subjective nature of the promise.

Traditionally, courts have distinguished between unilateral and bilateral contracts by determining whether one or both parties provided consideration and at what point they provided the consideration. Bilateral contracts were said to bind both parties the minute the parties exchanged promises, as each promise was deemed sufficient consideration in itself. Unilateral contracts were said to bind only the promisor and did not bind the promisee unless the promisee accepted by performing the obligations specified in the promisor's offer. Until the promisee performed, he or she had provided no consideration under the law.

For example, if someone offered to drive you to work on Mondays and Tuesdays in exchange for your promise to return the favor on Wednesdays and Thursdays, a Bilateral Contract would be formed binding both of you once you provided consideration by accepting those terms. But if that same person offered to pay you $10 each day you drove him to work, a unilateral contract would be formed, binding only upon the promisor until you provided consideration by driving him to work on a particular day.

Modern courts have de-emphasized the distinction between unilateral and bilateral contracts. These courts have found that an offer may be accepted either by a promise to perform or by actual performance. An increasing number of courts have concluded that the traditional distinction between unilateral and bilateral contracts fails to significantly advance legal analysis in a growing number of cases where performance is provided over an extended period of time.

Suppose you promise to pay someone $500.00 to paint your house. The promise sounds like an offer to enter a unilateral contract that binds only you until the promisee accepts by painting your house. But what constitutes lawful performance under these circumstances? The act of beginning to paint your house or completely finishing the job to your satisfaction?

Most courts would rule that the act of beginning performance under these circumstances converts a unilateral contract into a bilateral contract, requiring both parties to fulfill the obligations contemplated by the contract. However, other courts would analyze the facts of each case so as not to frustrate the reasonable expectations of the parties. In neither of these cases are the legal rights of the parties ultimately determined by courts by applying the concepts of unilateral and bilateral contracts.

In still other jurisdictions, courts have simply expressed a preference for interpreting contracts as creating bilateral obligations in all cases where no clear evidence suggests that a unilateral contract was intended. The rule has been stated that in case of doubt an offer will be presumed to invite the formation of a bilateral contract by a promise to perform what the offer requests, rather than the formation of a unilateral contract commencing at the time of actual performance. The bottom line across most jurisdictions is that as courts have been confronted by a growing variety of fact patterns involving complicated contract disputes, courts have turned away from rigidly applying the concepts of unilateral and bilateral contracts and moved towards a more ad hoc approach.

HTH

Selected response from:

inmb
Local time: 08:53
Grading comment
thanks
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3 +6remuneration, payment or other benefit
inmb
3 +2value, agreed action
Shai Navé
4"recompense/renumeration"
eski
3compensation; pay
Michael Powers (PhD)
Summary of reference entries provided
Obama drops consideration
Gary D

  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
value, agreed action


Explanation:
As far as I know in the legal context it means an agreed action in the form of money, item, service, etc.

Shai Navé
Israel
Local time: 09:53
Native speaker of: Native in HebrewHebrew, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Gary D: No action is agreed to, If they cannot come to a considered consideration,
1 hr

agree  Phong Le
15 hrs
Login to enter a peer comment (or grade)

7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +6
remuneration, payment or other benefit


Explanation:
It is a vital element of a valid contract in English law (no consideration = no contract; if contract changes: no fresh consideration = no contractual obligations), just to simplify.

Please see:
onsideration
n. 1) payment or money. 2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration). In a contract, one consideration (thing given) is exchanged for another consideration. Not doing an act (forbearance) can be consideration, such as "I will pay you $1,000 not to build a road next to my fence." Sometimes consideration is "nominal," meaning it is stated for form only, such as "$10 as consideration for conveyance of title," which is used to hide the true amount being paid. Contracts may become unenforceable or rescindable (undone by rescission) for "failure of consideration" when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly). Acts which are illegal or so immoral that they are against established public policy cannot serve as consideration for enforceable contracts. Examples: prostitution, gambling where outlawed, hiring someone to break a skater's knee or inducing someone to breach an agreement (talk someone into backing out of a promise).
See also: contract
http://dictionary.law.com/default2.asp?selected=305&bold

Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.

Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance.

Consideration must have a value that can be objectively determined. A promise, for example, to make a gift or a promise of love or affection is not enforceable because of the subjective nature of the promise.

Traditionally, courts have distinguished between unilateral and bilateral contracts by determining whether one or both parties provided consideration and at what point they provided the consideration. Bilateral contracts were said to bind both parties the minute the parties exchanged promises, as each promise was deemed sufficient consideration in itself. Unilateral contracts were said to bind only the promisor and did not bind the promisee unless the promisee accepted by performing the obligations specified in the promisor's offer. Until the promisee performed, he or she had provided no consideration under the law.

For example, if someone offered to drive you to work on Mondays and Tuesdays in exchange for your promise to return the favor on Wednesdays and Thursdays, a Bilateral Contract would be formed binding both of you once you provided consideration by accepting those terms. But if that same person offered to pay you $10 each day you drove him to work, a unilateral contract would be formed, binding only upon the promisor until you provided consideration by driving him to work on a particular day.

Modern courts have de-emphasized the distinction between unilateral and bilateral contracts. These courts have found that an offer may be accepted either by a promise to perform or by actual performance. An increasing number of courts have concluded that the traditional distinction between unilateral and bilateral contracts fails to significantly advance legal analysis in a growing number of cases where performance is provided over an extended period of time.

Suppose you promise to pay someone $500.00 to paint your house. The promise sounds like an offer to enter a unilateral contract that binds only you until the promisee accepts by painting your house. But what constitutes lawful performance under these circumstances? The act of beginning to paint your house or completely finishing the job to your satisfaction?

Most courts would rule that the act of beginning performance under these circumstances converts a unilateral contract into a bilateral contract, requiring both parties to fulfill the obligations contemplated by the contract. However, other courts would analyze the facts of each case so as not to frustrate the reasonable expectations of the parties. In neither of these cases are the legal rights of the parties ultimately determined by courts by applying the concepts of unilateral and bilateral contracts.

In still other jurisdictions, courts have simply expressed a preference for interpreting contracts as creating bilateral obligations in all cases where no clear evidence suggests that a unilateral contract was intended. The rule has been stated that in case of doubt an offer will be presumed to invite the formation of a bilateral contract by a promise to perform what the offer requests, rather than the formation of a unilateral contract commencing at the time of actual performance. The bottom line across most jurisdictions is that as courts have been confronted by a growing variety of fact patterns involving complicated contract disputes, courts have turned away from rigidly applying the concepts of unilateral and bilateral contracts and moved towards a more ad hoc approach.

HTH




    Reference: http://legal-dictionary.thefreedictionary.com/Consideration
inmb
Local time: 08:53
Specializes in field
Native speaker of: Polish
PRO pts in category: 8
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  d_vachliot (X)
29 mins
  -> thanks!

agree  Suzan Hamer
35 mins
  -> thanks!

agree  cmwilliams (X)
51 mins
  -> thanks!

agree  Lalit Sati
1 hr
  -> thanks!

agree  Derek Gill Franßen: Yes, not only money--this is a legal term of art.
3 hrs
  -> Thank you. Yes "not only money" element of the definition is very important and often neglected in translations.

agree  Polangmar
2 days 10 hrs
  -> dzięki!
Login to enter a peer comment (or grade)

5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
compensation; pay


Explanation:
I believe this is what is meant

Mike :)

--------------------------------------------------
Note added at 7 mins (2009-03-30 10:09:02 GMT)
--------------------------------------------------

Merriam-Webster Dictionary

Please look at defenition 6a where it states "consideration" can mean "recompense" or "pay":


consideration
2 entries found.

1. consideration
2. valuable consideration


Main Entry:
con·sid·er·ation Listen to the pronunciation of consideration
Pronunciation:
\kən-ˌsi-də-ˈrā-shən\
Function:
noun
Date:
14th century

1: continuous and careful thought <after long consideration he agreed to their requests>2 a: a matter weighed or taken into account when formulating an opinion or plan <economic considerations forced her to leave college> b: a taking into account3: thoughtful and sympathetic regard4: an opinion obtained by reflection5: esteem , regard <the family built themselves a large, ugly villa…and became people of consideration — V. S. Pritchett>6 a: recompense , payment <a consideration paid for legal services> b: the inducement to a contract or other legal transaction ; specifically : an act or forbearance or the promise thereof done or given by one party in return for the act or promise of another
— in consideration of
: as payment or recompense for <a small fee in consideration of many kind services>


Michael Powers (PhD)
United States
Local time: 02:53
Specializes in field
Native speaker of: English
PRO pts in category: 16
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
"recompense/renumeration"


Explanation:
Main Entry: payment
Part of Speech: noun
Definition: Something given in exchange for goods or services rendered.
Synonyms: compensation, recompense, remuneration

Roget's II: The New Thesaurus, Third Edition

Mar 2009 ... You showed remarkable consideration in giving up your place for your friend. A payment or other recompense for something done. ...
en.wiktionary.org/wiki/consideration - 30k - En caché - Páginas similares
[DOC] Points for Consideration and Emphasis in my claim for Recompense - [ Traducir esta página ]Formato de archivo: Microsoft Word - Versión en HTML
Points for Consideration and Emphasis in my claim for Recompense. My claim against the MoD differs not one jot as to substance from the successful claims ...
www.mod-pensioninjustice.co.uk/Points for Consideration �... - Páginas similares
defrayal synonym | Thesaurus.com - [ Traducir esta página ]Part of Speech: noun. Definition: Something given in exchange for goods or services rendered. Synonyms: consideration, recompense, remuneration ...
thesaurus.reference.com/browse/defrayal - 95k - En caché - Páginas similares
consideration - [ Traducir esta página ]30 Mar 2009 ... Please look at defenition 6a where it states "consideration" can mean "recompense" or "pay": consideration 2 entries found. 1. consideration ...
www.proz.com/kudoz/English/law:_contracts/3168442-considera... - hace 7 horas - Páginas similares
consideration - Definition from the Merriam-Webster Online Dictionary - [ Traducir esta página ]in consideration of. : as payment or recompense for <a small fee in consideration of many kind services>. Learn more about "consideration" and related ...
www.merriam-webster.com/dictionary/consideration - 36k - En caché - Páginas similares
SEC on Corporate Penalties: Two Steps Forward, One Step Backward - [ Traducir esta página ]Regarding the second principal consideration (recompense of harm to injured investors), the SEC, recognizing that "the protection of innocent investors is a ...
www.law.com/jsp/ihc/PubArticleIHC.jsp?id=900005447058 - 29k - En caché - Páginas similares
consideration - definition of consideration by the Free Online ... - [ Traducir esta página ]noun 4. payment, fee, reward, remuneration, recompense, perquisite, tip take something into consideration bear in mind, consider, remember, think about, ...
www.thefreedictionary.com/consideration - 48k - En caché - Páginas similares
consideration: meaning and definitions — Infoplease.com - [ Traducir esta página ]9. in consideration of, a. in view of. b. in return or recompense for: She was offered money in consideration of her efforts. 10. take into consideration, ...
dictionary.infoplease.com/consideration - 25k - En caché - Páginas similares
consideration definition | Dictionary.com - [ Traducir esta página ]


eski
Mexico
Local time: 00:53
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 10
Login to enter a peer comment (or grade)




Reference comments


1 hr
Reference: Obama drops consideration

Reference information:
Here Obama dropped an agreement (consideration)made on Veterans insurance changes.

http://www.tulsaworld.com/news/article.aspx?subjectid=12&art...

http://www.abcarticledirectory.com/Article/Legal-Basics-of-I...

Consideration can include many different things of value that the contestant gives up for the chance to win something. Generally it is money, so if some sort of a purchase or fee is required it would definitely be considered consideration. Consideration also includes other things you would normally not considered valuable. Asking lengthy questionnaires or asking for personal information would more likely than not be considered consideration and should be avoided.

Example sentence(s):
  • Asking lengthy questionnaires or asking for personal information would more likely than not be considered consideration and should be avoided.
Gary D
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search