Contracts I

Restatement Second of Contracts § 77


Restatement Second of Contracts § 77

Illusory and Alternative Promises

View on LexisNexis

A promise or apparent promise is not consideration if by its terms the promisor or purported promisor reserves a choice of alternative performances unless

  1. each of the alternative performances would have been consideration if it alone had been bargained for; or
  2. one of the alternative performances would have been consideration and there is or appears to the parties to be a substantial possibility that before the promisor exercises his choice events may eliminate the alternatives which would not have been consideration.
Copyright, The American Law Institute