JD Next Practice Exam

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What did the plaintiff argue was a valid form of consideration?

Writing an agreement
Offering advice to the other party
Abstaining from certain activities
Paying a fee

The correct answer is: Abstaining from certain activities

The plaintiff argued that abstaining from certain activities constitutes a valid form of consideration. Consideration in contract law refers to something of value that is exchanged between parties to form a legally enforceable agreement. Abstaining from activities can be valuable, as it reflects a choice to refrain from actions the other party might desire them to undertake. This type of consideration emphasizes that the party is giving something up, which can be just as significant as providing something tangible. In this context, opting to refrain from certain actions can provide the other party with a benefit or right that they would not have otherwise received. This aligns with the principle that consideration does not have to be tangible or monetary; it can also involve the forbearance of action. Thus, the argument that abstaining from certain activities serves as consideration is valid and supported by contract law principles.