I just taught consideration in class today!

Here's another idea - consideration doesn't have to come from the
person who's receiving the benefit under the contract.  So if the
baseball player steals a base - (assuming the player isn't otherwise
legallly obligated to steal the base) is that valid consideration given
in exchange for the taco?

Susan Park
Special Lecturer, Legal Studies in Business
College of Business & Economics
Boise State University
Boise, ID 83725
(208) 426-3070


>>> Terence Lau <[log in to unmask]> 10/30/2007 11:49 AM
>>>
A student asked me today if Taco Bell's free taco giveaway from 2 pm to
5 
pm today is a contract or a gift (see 
http://mlb.mlb.com/mlb/fan_forum/tacobell/).  My initial read is that
this 
is a gift, since consumers have provided no consideration for the free

taco (the free tacos are conditioned on a base being stolen in the
World 
Series).  It's also not a contract because promotional materials such
as 
advertisements are not offers to contract.  On the other hand, driving
to 
a taco bell and waiting in line may be consideration, and is certainly

legal detriment.  Additionally, in looking at the terms and conditions
of 
the promotion, I dare say that Taco Bell may have created a contract, 
because the T&C include language such as "by participating, consumers 
agree..." and including waiver of liability, which is adequate 
consideration to support a contract.  Does anyone else have a different

read on this?  My take is that Taco Bell is offering a unilateral
contract 
and must perform by giving away free tacos, subject to the limitations
it 
has imposed in its T&C (limit one per customer, management can refuse,

etc.)

_____
Terence Lau
Assistant Professor, Business Law
Management and Marketing Department
University of Dayton
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