absence of consideration

Given the absence of consideration of this matter, I abstained on the report.

In the absence of consideration the agreement is not a contract unless it is written and sealed, as with a deed.

As I read the judgment of the assistant recorder this was his true ratio on that part of the case wherein the absence of consideration was raised in argument.

Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration.

"Absence of consideration" is particularly controversial because the cases that support its existence as an unjust factor can also be used to support the view that English law has begun to favour the "absence of basis" approach.

The logical consequence, no doubt, is that a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration: and if the fusion of law and equity leads to this result, so much the better.

The promise to pay a debt discharged by bankruptcy, the promise to perform a conditional responsibility despite the nonoccurrence of the condition, and the promise to perform on a voidable contract form a category of moral obligations that can bind in the absence of consideration.

The village residences seemed to have gone to law with a similar absence of consideration, for a score of weak little lath-and- plaster cabins clung in confusion about the Attorney's red-brick house, which, with glaring door-steps and a most terrific scraper, seemed to serve all manner of ejectments upon them.

The fact that the basis of recovery was not in issue, and indeed was overshadowed by the great question in the case, must detract from its importance in the present context; even so, the simple fact remains that recovery was stated to be founded upon absence of consideration for the payment.

In concluding, the court stated that the water rights held by Los Angeles were granted in absence of consideration of the effects of the diversions on the public trust resources of the Mono Basin and that the allocation of water from the basin streams should be reconsidered.