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consideration

Croatian translation: kauza

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18:21 Aug 21, 2011

English to Croatian translations [PRO]
Law/Patents - Law: Contract(s)

English term or phrase: consideration

Consideration

Under English law, a promise to do something (or not to do something) is generally not enforceable as a contract unless it is either made under seal or is supported by “consideration”. In other words, “something of value in the eye of the law” must be given. This “consideration” may be some detriment to the promisee or some benefit to the promisor. Usually this detriment and benefit are the same thing looked at from the different viewpoints of the parties. Thus delivery of goods by the seller (which is to his detriment and to the benefit of the buyer) is good consideration for the buyer’s promise to pay. Having suffered a detriment upon delivering the goods, the seller can enforce the buyer’s promise to pay the price. The amount of the detriment or benefit is irrelevant because it is not consideration for the contract (it does not have to equal the value of the goods) but consideration for the promise. The promisee may give good consideration for the promise merely by doing something that they were not otherwise legally required to do.

pomoć:

Consideration is something of value given by a promissor to a promisee in exchange for something of value given by a promisee to a promissor. Typically, the thing of value is an act, such as making a payment, or a forbearance to act when one is privileged to do so, such as an adult refraining from smoking.

Consideration consists of a legal detriment and a bargain. A legal detriment is a promise to do something or refrain from doing something that you have the legal right to do, or actually doing or refraining from doing something that you don't have to do. A bargain is something the promisor (the party making promise or offer) wants, usually being one of the legal detriments. The legal detriment and bargain principles come together in consideration and create an exchange relationship, where both parties agree to exchange something that the other wishes to have.

The purpose of consideration is to ensure that there is a present bargain, that the promises of the parties are reciprocally induced. The classic theory of consideration required that a promise be of detriment to the promissor or benefit to the promisee. This is no longer the case.

Aleksandra Z KudoZ activity Questions: 2 (1 open) Answers: 0 Croatia
Local time: 19:04

Croatian translation:kauza

Explanation:
.......

Selected response from:

Jakov Milicevic
Local time: 19:04

Grading comment

2 KudoZ points were awarded for this answer

Summary of answers provided

obećanje(obveza, prestacija)

Eilee

4 +1

kauza

Jakov Milicevic

Summary of reference entries provided

protučinidba

Miomira Brankovic

Discussion entries: 2

Answers

57 mins confidence:

peer agreement (net): +1

kauza

Explanation:
.......

Reference: http://www.scribd.com/doc/46605420/Utjecaj-Razloga-Na-Preuzi...

Jakov Milicevic
Local time: 19:04
Specializes in field
Native speaker of:

Croatian
PRO pts in category: 6

2 hrs confidence:

obećanje(obveza, prestacija)

Explanation:
Primarni osnov prinudne izvršivosti ugovornih obaveza u anglosaksonskom pravu je postojanje consideration-a, tj. da obećanje (obaveza, prestacija) jedne strane bude praćeno protivobećanjem (kontraprestacijom) druge strane.

Reference: http://scindeks.nb.rs/article.aspx?artid=0550-21790703483D
Reference: http://www.wicourts.gov/services/interpreter/docs/spanishglo...

Eilee
Local time: 19:04
Specializes in field
Native speaker of:

Croatian,

Italian
PRO pts in category: 4

Reference comments

1 day31 mins

Reference: protučinidba

Reference information:
http://www.proz.com/kudoz/croatian_to_english/finance_genera...

Miomira Brankovic
Serbia
Specializes in field
Native speaker of:

Serbian
PRO pts in category: 4

Note to reference poster

Asker: slažem se s Vama da je protučinidba, tako sam i prevela, samo sam htjela čuti i druga mišljenja. Hvala

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consideration

Croatian translation: kauza

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consideration

Croatian translation: kauza

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KudoZ™ translation helpThe KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

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