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Good reasons for enforcing promises have been held to include something given as an agreed exchange, a benefit that the promisor received, and a detriment that the promisee incurred. These are referred to as “consideration.” No contract is enforceable without it.
A. LEGALLY DETRIMENTAL TO THE PROMISEE
Legal detriment is not always economic detriment. A person can incur legal detriment
by (1) doing or promising to do something that he or she had no prior legal duty to do or (2)
refraining from or promising to refrain from doing something that he or she had no prior
legal duty to refrain from doing (that is, by forbearance). http://www.vcsun.org/~djordan/bus1su99/chp14out.htm
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA:
“Although the physical manifestations of an injury may not appear for years, the reality is that many of those exposed have suffered some legal detriment; the exposure itself and the concomitant need for medical testing constitute the injury.” http://www.state.wv.us/wvsca/docs/spring99/25338.htm