The existence of consideration distinguishes a contract from a donation. A gift is a voluntary and free transfer of goods from one person to another, without anything valuable being promised in return. Failure to comply with a gift promise is not applicable in breach of the Treaty, as the promise is not taken into consideration. 3. Acceptance – The offer has been clearly accepted. Acceptance may be expressed by words, deeds or performances, as provided for in the Treaty. As a general rule, acceptance must be in accordance with the terms of the offer. If this is not the case, acceptance is considered a refusal and a counter-offer. 1. Offer – One of the parties has promised to do or refrain from doing a particular act in the future. 2.
Consideration – Some value has been promised in exchange for the indicated share or non-activity. This can take the form of a charge of money or considerable effort, a promise to provide a service, an agreement not to do something, or trust in the promise. The consideration is the value that leads the parties to conclude the contract. When the complaining party provides evidence that all these elements have occurred, it shall be liable to provide proof of the existence of a contract. In order for a defending party to challenge the existence of the treaty, it must provide evidence that undermines one or more elements. As a rule, it is not necessary for a contract to be in writing. Although the Fraud Act requires certain types of contracts in writing, New Mexico recognizes and enforces oral contracts in certain situations where the Fraud Act is not applicable.