Illusory contract

Illusory contract – within the area of Contracts & Obligations Law, the term refers to a concluded agreement between two parties in which the consideration for the agreement is illusionary – one of the parties given promise realizes that there is illusionary situation which should occur so this party could perform their obligation; so this party considers the agreement is not binding for her.

See also here http://www.constitutionaldaily.com/index.php?option=com_content&view=article&id=765:contract-illusory-agreement&catid=56:scofflaw-sling-bar-review&Itemid=65

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