THE SECTION 25

AN AGREEMENT MADE WITHOUT CONSIDERATION IS

VOID…
• CONSIDERATION IS THE RECOMPENSE GIVEN BY
A PARTY CONTRACTING TO THE OTHER.”

• WHEN, AT THE DESIRE OF THE PROMISOR, THE PROMISE

OR ANY OTHER PERSON HAS DONE OR ABSTAINED FROM DOING, OR DOES OR
ABSTAINS FROM DOING, OR PROMISES TO DO OR ABSTAINS FROM DOING
SOMETHING, SUCH ACT OR ABSTINENCE OR PROMISE IS CALLED A
CONSIDERATION FOR THE PROMISE.

• AN ACT OF FORBEARANCE OF ONE PARTY OR THE

PROMISE THEREOF IS THE PRICE FOR WHICH THE PROMISE OF THE OTHER IS
BOUGHT, AND THE PROMISE THUS GIVEN FOR VALUE IS ENFORCEABLE.
• BY PROMISEE/OTHER
• DESIRE OF THE PROMISOR
• CONSIDERATION MAY BE PAST, PRESENT OR FUTURE

• CONSIDERATION MUST BE REAL

• CONSIDERATION NEED NOT BE ADEQUATE

• CONSIDERATION MUST NOT BE SOMETHING WHICH THE PROMISOR IS ALREADY BOUND TO DO

• FORBEARANCE TO SUE

• CONSIDERATION MUST BE LEGAL

•
• PROMISE DUE TO NATURAL LOVE AND AFFECTION

• THE PARTIES TO THE AGREEMENT MUST BE STANDING IN A NEAR RELATIONSHIP TO EACH OTHER.
THE PROMISE SHOULD BE MADE BY ONE PARTY OUT OF NATURAL LOVE AND AFFECTION FOR THE
OTHER. THE PROMISE SHOULD BE IN WRITING, THE AGREEMENT IS REGISTERED.
• COMPENSATION FOR PAST VOLUNTARY SERVICE

• THE SERVICE SHOULD BE RENDERED VOLUNTARILY • THE SERVICE MUST HAVE BEEN RENDERED FOR
THE PROMISOR • THE PROMISE MUST BE IN EXISTENCE AT THE TIME WHEN THE SERVICES WERE
RENDERED • THE PROMISOR MUST HAVE INTENDED TO COMPENSATE THE PROMISEE • THE SERVICES
RENDERED SHOULD BE LAWFUL
• PROMISE TO PAY A TIME BARRED DEBT

• THE PROMISE MUST BE TO PAY WHOLLY OR IN PART A TIME- BARRED DEBT, I.E.
A DEBT OF WHICH THE CREDITOR MIGHT HAVE ENFORCED PAYMENT BUT FOR
THE LAW FOR THE LIMITATION OF SUITS.

• THE PROMISE MUST BE IN WRITING AND SIGNED BY THE PERSON TO BE

CHARGED THEREWITH, OR HIS DULY AUTHORIZED AGENT.

• GIFTS ACTUALLY MADE