Cause et "Consideration"
Restatement (Second) of Contract
§17.
REQUIREMENT OF A BARGAIN
(1) Except as stated in Subsection (2), the formation of a
contract requires a bargain in which there is a manifestation of
mutual assent to the exchange and a
consideration.
§71.
REQUIREMENT OF EXCHANGE; TYPES OF EXCHANGE
(1) To constitute consideration, a performance or a return
promise must be bargained for.
(2) A performance or return promise is bargained for if it is
sought by the promisor in exchange for his promise and is given by the promisee in
exchange for that promise.
(3) The performance may consist of
(a) an act other than a promise, or
(b) a forbearance, or
(c) the creation, modification, or destruction of a legal
relation.
(4) The performance or return promise may be given to the
promisor or to some other person.
It may be given by the promisee or by some other person.
§72.
EXCHANGE OF PROMISE FOR PERFORMANCE
Except as stated in §§73 and 74, any performance which is
bargained for is consideration.
§79.
ADEQUACY OF CONSIDERATION; MUTUALITY OF OBLIGATION
If the requirement of consideration is met, there is no
additional requirement of (a) a gain, advantage, or benefit to the promisor or a loss,
disadvantage, or detriment to the promisee; or
(b) equivalence in the values exchanged; or
(c) "mutuality of obligation."
Code civil de
Louisiane
Chapter 5 CAUSE