Sufficient Agreement

Let`s take a look at some examples of the principle of agreement and satisfaction. The dispute that results in the agreement of the parties to reach agreement through agreement and satisfaction can arise in different typical ways: when there is an unpaid debt; contested guilt; a “full payment check” for less than the creditor requests; unforeseen difficulties which lead to a treaty amendment or novation; or a transaction between creditors. But there is never an obligation – and there can be no real litigation – when a person promises a benefit, if someone does what he has of an existing obligation, or when a person promises someone not to do what is already forbidden to the promise or to make an illusory promise. Since any person has the right to take legal action when they feel hurt, a promise not to go to court is sufficient consideration to support a promise of payment or performance. In Dedeaux v. Young, Dedeaux purchased real estate and promised to make certain payments to Young, the broker. Dedeaux v. Young, 170 so.2d 561 (1965). But Dedeaux then failed to make these payments and Young threatened to file a complaint; If he had filed documents in court, the transfer of ownership could have been blocked. To prevent Young from filing a lawsuit, Dedeaux promised to pay a 5 percent commission if Young stayed out of court. Dedeaux then objected to the payment on the grounds that he had never made such a promise and that, even if he had, it would not amount to a contract because there was no consideration for Young.

Posted in Uncategorized