united-states contract-law common-law oregon
Is there consideration if one item is given from someone who doesn&#39;t want it to someone who does?
<p>Suppose I have an old refrigerator that no longer works. I don't want it, and would pay someone to take it; its value to me is negative. But my neighbor has an appliance repair company. My refrigerator has value to him for parts; he would pay me to give it to him. In this case, if we sign a contract saying that I give him the refrigerator but he doesn't give me anything, is there consideration?</p>
<p>In other words: if a single action is mutually beneficial to both parties, is that action on its own valid consideration?</p>

<h2><a href="https://morningtonlegal.com.au/articles/the-art-of-gift-giving-a-legal-analysis/" rel="nofollow noreferrer">Gifts</a> are legal</h2>
<p>They are not contracts and don’t engage contract law. They require the giver to have clear title (so you can’t owe money on the fridge), an intention to give and acceptance by the recipient.</p>
<h2>Valuable consideration is complicated</h2>
<p>Consider a contract between you and a dump. That’s clearly a contract, but what’s the consideration? You give them money and rubbish and they give you … what?</p>
<p>Well, they give you a place to leave the rubbish and that’s enough. Your friend is giving you a place to leave your fridge. That’s enough.</p>

<p>Actually, mutual benefit is the underlying premise of contract law.</p>
<p>Your analysis of this contract is probably deficient, since you didn't recognize the actual values being exchanged. The fridge has objective value, but subjectively it seems to you that it has no value since you don't want a storage chest or a bunch or parts. It you want it thrown away, it will cost you actual money to be free of it (which I assume has subjective value to you, in addition to its clear objective value). The neighbor offers a useful service, so you get something in exchange for that which you give.</p>
<p>If you are bothering to write a formal contract for this, you would include some verbiage that says that you give the fridge and he takes it away.</p>
