13-3-42. Acts which constitute consideration; effect of consideration given or received by persons other than promisor or promisee.
152 words·~1 min read·
/ga/title-13-contracts/article-3-consideration/13-3-42·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To constitute consideration, a performance or a return promise must be bargained for by the parties to a contract.
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.
The performance may consist of:
An act other than a promise;
A forbearance; or
The creation, modification, or destruction of a legal relation.
The performance or return promise may be given to the promisor or to some other person. If there is a valid consideration for a promise, it does not matter from whom it moves and it may be given by the promisee or by some other person; the promisee may sustain his action, though a stranger to the consideration.
In mutual subscriptions for a common object, the promise of the others is a good consideration for the promise of each.