A refugee camp holding thousands of displaced Darfurians/Sudanese in the aftermath of war in the western part of Sudan. A long history of civil war, local tensions, government distrust, and new environmental pressures have scarred the country and brought about the world's worst humanitarian crisis..
In order for a contract to be enforceable, each party to the contract must change his or her legal position in some way. If an agreement lacks consideration, it is generally not a binding and enforceable contract. There are a few exceptions to this rule. A person sued for breaking a promise generally will not be held liable when no consideration was received for the promise.
A contract may not be implied where an enforceable express contract exists between the parties as to the same subject matter. To establish the existence of an implied in fact contract, it is necessary to show: an unambiguous offer, unambiguous acceptance, mutual intent to be bound, and consideration. However, these elements may be established by the conduct of the parties rather than through express written or oral agreements.