PJC Business

C ONTRACTS

PJC 101.1

The court cited comment c to section 27 of the Restatement (Second) of Contracts (1981) as setting forth circumstances that may be helpful in determining whether a contract has been formed. Foreca, S.A. , 758 S.W.2d at 746 n.2. The court did not make it clear, however, whether these considerations should be included in the jury instruc tions. Potential instruction in oral contract case seeking to prove consideration as part of a valid contract. If the parties dispute whether there is consideration, the court should insert an appropriate instruction on consideration, which the Committee recommends may be as follows: A necessary element of a contract is an agreement at the time between Paul Payne and Don Davis that requires either Paul Payne to perform a certain additional act or a promise from Paul Payne that consists of either a detriment to Paul Payne or a benefit to Don Davis .

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