Title 13, Chapter 3, Section 42
( 13-3-42)
(a) To constitute consideration, a performance or a return promise
must be bargained for by the parties to a contract. (b) A performance or return promise is bargained for if it is sought
by the promisor in exchange for his promise and is given by the
promisee in exchange for that promise. (c) The performance may consist of: (1) An act other than a promise; (2) A forbearance; or (3) The creation, modification, or destruction of a legal
relation. (d) The performance or return promise may be given to the promisor
or to some other person. If there is a valid consideration for a
promise, it does not matter from whom it moves and it may be given
by the promisee or by some other person; the promisee may sustain
his action, though a stranger to the consideration. (e) In mutual subscriptions for a common object, the promise of the
others is a good consideration for the promise of each. |