- Value (law)
Value within the context of law, particularly with respect to contracts, is a concept closely related, but not identical, to that of
consideration .At
common law , certain transferrable obligations were only enforceable if the transferee had acquired them "for value". Under the rules of equity, the rights of a bona fide purchaser for value would not be interfered with.State court s of various jurisdictions in the US adopted varying definitions of what constituted "value".Under the
Uniform Commercial Code , except with respect to Article 3, a person gives value for rights if he acquires them in exchange for:
# a binding commitment to extend credit or for the extension of immediately available credit;
# as security for or in total or partial satisfaction of a preexisting claim;
# accepting delivery pursuant to a preexisting contract for purchase;
# generally, any consideration sufficient to support a simple contract.Under Article 3 of the Code, a
negotiable instrument is transferred for value if the transferee receives in exchange:
# a promise of performance, to the extent the promise has been performed;
# a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;
# the total or partial discharge of an antecedent claim against any person, whether the claim is due;
# another negotiable instrument; or
# an irrevocable obligation to a third party by the person taking the instrument.The setting forth in express terms of what is "value" in the context of commercial transactions was a bold step forward by the drafters of the UCC, since the jurisdictional distinctions as to value made certain transactions valid in one state and invalid in another.
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