Consideration
2008-10-13 8:34 am
If a person provides service for his friend and refuse any payment from his friend, is it no consideration? What is the reason? Have any cases to prove it?
回答 (3)
2008-10-15 5:37 am
✔ 最佳答案
There is plainly no consideration.The person is detrimented by providing services, but his friend gives nothing in return. In other form, the friend is benefited from the person's service but the person is not benefited in return.
Therefore, there is no contract between them.
2008-10-23 12:24 am
there is no contract as there is no intention to enter into legal relationship.
2008-10-13 11:08 am
It depends. (I assume there is no written contract or prior agreement.)
First of all, in order to establish the legitimacy ofthe payment, you have to prove that the service was fee-based regularly, such as you work as an accountant, then you perform tax advise regularly for a fee.
Secondly, we have to see if there is any impicit message saying not to pay. See here, it is not about payment agreement, but agreement not to pay.
If you meet those, you should be able to recover the payment.
First of all, in order to establish the legitimacy ofthe payment, you have to prove that the service was fee-based regularly, such as you work as an accountant, then you perform tax advise regularly for a fee.
Secondly, we have to see if there is any impicit message saying not to pay. See here, it is not about payment agreement, but agreement not to pay.
If you meet those, you should be able to recover the payment.
收錄日期: 2021-04-19 02:05:57
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