Part performance can support enforcement of a contract despite absence of consideration when?

Part performance can support enforcement of a contract despite absence of consideration when?

• A. There is valid consideration anyway
• B. There is no consideration
• C. The contract is illegal
• D. The contract is void

Answer: (B)

Part performance serves as an equitable exception to the usual requirement of consideration. When one party has begun performing in reliance on a promise—most commonly in contracts for the sale of land, where the buyer takes possession, pays part of the price, or makes improvements—a court can enforce the agreement to the extent of the performance even though there was no consideration at the outset. This protects against unjust enrichment: the party who acted in reliance on the promise shouldn’t be left uncompensated or unable to enforce what was promised simply because consideration was absent. If the contract were illegal or void, or if there had been valid consideration, those circumstances would not need or justify this remedy.

Part performance serves as an equitable exception to the usual requirement of consideration. When one party has begun performing in reliance on a promise—most commonly in contracts for the sale of land, where the buyer takes possession, pays part of the price, or makes improvements—a court can enforce the agreement to the extent of the performance even though there was no consideration at the outset. This protects against unjust enrichment: the party who acted in reliance on the promise shouldn’t be left uncompensated or unable to enforce what was promised simply because consideration was absent. If the contract were illegal or void, or if there had been valid consideration, those circumstances would not need or justify this remedy.