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Source Consideration Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A signed settlement agreement states that each side gives consideration. One party later claims there was no actual exchange or detriment.
Which statement best describes the effect of the writing?

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The presumption applies only if the written instrument states the exact dollar value of consideration. A written instrument presumptively imports consideration, but a party may rebut the presumption under Delaware law. The presumption can be rebutted only by evidence of fraud, not by evidence that no consideration was actually given. The presumption prevents challenges to consideration only when the writing contains an integration clause.

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