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In order to form a legally binding contract it is necessary that both parties provide valuable consideration.

Is the provision by a user on this (or other Stack Exchange sites) of a question, answer or comment "valuable consideration" sufficient to form a contract?

  • 1
    As I suggest here: Not only are users who provide content providing valuable consideration, but so are visitors who merely load a page! – feetwet Aug 17 '15 at 0:01
  • @feetwet The fact that a third-party pays on the basis of a users visit is not valuable consideration from the user - a contract cannot be formed on the because A provides a service for B for which C will pay for; A & C may have a contract and C may have provided a gift to A but A & B do not have a contract. – Dale M Aug 17 '15 at 0:09
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Yes. There's no requirement that the consideration be objectively valuable, as there's no real standard for value; as long as there is some consideration, it can be offered for a contract.

The peppercorn rule states that nominal consideration is sufficient to constitute consideration for the purposes of establishing a contract. Even if later, we decide that the comments or posts are no longer desired, it does not cease to be good consideration.

  • Specifically then, the consideration would be in the licence the user provided under the T&C? – Dale M Aug 17 '15 at 6:32
  • The content that is licensed to SE, yes. – jimsug Aug 17 '15 at 8:21

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