Law School Help: What is Consideration?

Lawyers often toss around the term “consideration” when discussing the existence or lack of a contract. Consideration is one of the criteria that has to be proven in order to show that a contract exists. In California, consideration is defined in Civil Code section 1605 which states: “Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.” As you can perhaps tell, consideration is not something that lends itself to a neat or simple definition. Consideration can take many forms. The common idea behind all of these forms, however, is that the purpose of consideration is to show that a party to a contract has voluntarily assumed the obligation imposed on them by the contract. Thought of another way, consideration prevents a person from accidentally falling in to a contract and being obligated to do something they didn’t intend. Numerous other requirements for consideration are imposed by sections 1606 to 1615 (or so) of the California Civil Code as well. In case you’re wondering, the other required elements of a contract are: (1) parties capable of entering in to a contract, (2) the consent of said parties to enter in to the contract, and (3) a lawful goal or purpose to the contract. See California Civil Code section 1550. Depending on the facts of the particular...

Law School Help: What is a Common Carrier?

One of the things that makes the law unnecessarily confusing for non-lawyers (and lawyers too, let’s be honest) is specialized terminology. This isn’t unique to the law, of course. Many industries and specialties have their own terms and vernacular that makes perfect sense to those in the field, but leaves everyone else scratching their head. In a small, small, small, small, small effort to remedy that for the law, I’m going to explain in this blog post what the legal term “common carrier” means. This post will be specific to California, which means, as usual, that you have to look it up yourself for other states. The term common carrier appeared for me in law school in my torts class. If you happen to be encountering it in your law school torts class now and have no idea what it means, this post is for you. Regardless of whether your professors are explaining the concept, very few professors actually connect the concept to a specific authority in California like I am about to. In California, “Common Carrier” is defined in Civil Code section 2168 which states: “Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.” Sections 2169 and onward of the Civil Code also provide other rules and requirements for common carriers. Court cases in California also help define the term Common Carrier. For example, “[A] common carrier within the meaning of Civil Code section 2168 is any entity which holds itself out to the public generally and indifferently to...