Restatement of Contracts, Second §§ 71 and 81

 

§ 71 sez that an act, forbearance, or change in a legal relation must be “sought by the promisor in exchange for his promise and given by the promisee in exchange for that promise” in order to constitute consideration.

 

§ 81 sez that just because the performance isn’t the thing that induced a promise doesn’t mean it doesn’t constitute consideration, and vice versa.

 

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