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NeCede's

Maxim 6.3.2

A contract is, as it were, act for act — a reciprocal exchange.

Contractus est quasi actus contra actum.

Source: 2 Co. 15; Jackson 146; Weisman, 24b Difficulty 1/5 — Foundational

Explanation

Every valid contract requires mutuality — each party gives and each party receives. One-sided compulsion is not contract.

Where this applies

  • My employer says I have to work extra hours but won't pay me anything additional.
  • The landlord wants me to maintain the building but that wasn't part of our deal.

Topics

Contracts

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.3.2 — A contract is, as it were, act for act — a reciprocal exchange. — 2 Co. 15; Jackson 146; Weisman, 24b (Contractus est quasi actus contra actum.)

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