consideration (2024)

Consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. Consideration is the main element of a contract. Without consideration by both parties, a contract cannot be enforceable. For instance, if a person used the money to purchase an apple, the apple is the merchant’s consideration, and the money is the person’s consideration.

Types:

  • Consideration could be a promise, performance, forbearance, or property with legal value, but the economic benefit is not required.
  • A gift or gratuitous promise cannot be a consideration for they have no bargaining. The past performance also cannot be a consideration as there is no exchange.

Substitute for consideration:

  • A contract without consideration could be enforceable if it has a substitute. Substitutes are promissory estoppel or detrimental reliance under Restatement (Second) of Contracts, or good faith modification under UCC.
    • Promissory estoppel/detrimental reliance: A contract without consideration is enforceable if the nonperformance of the promisor will cause injustice. Elements of promissory estoppel are (i) the promise has reasonable, foreseeable, and detrimental reliance on the promisor, and (ii) the enforcement of the promise is necessary to avoid injustice.
    • Good faith modification: A modified contract is a kind of new agreement, which changes parties’ obligations and then requires new consideration. But contract modification made in good faith under UCC is enforceable even without consideration.

[Last updated in July of 2022 by the Wex Definitions Team]

consideration (2024)

FAQs

How do you answer a consideration question? ›

You would define consideration and explain how it is an essential ingredient of a contract. You would then hopefully identify that the issue lay in the area of past consideration. You should define past consideration and the exceptions to the rule, citing any relevant case law.

What is consideration in answer? ›

Consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. Consideration is the main element of a contract. Without consideration by both parties, a contract cannot be enforceable.

What is an example of sufficient consideration? ›

Example: A company promises to pay an employee $50,000 per year in exchange for the employee's work. The employee's work is the consideration in this contract. If the company fails to pay the employee, the employee can take legal action to enforce the contract.

How do you explain consideration? ›

Consideration is something of value exchanged between the parties to a contract. Consideration can be many things such as money, property, service, work performance, or a promise to not do something. As long as the parties to the contract exchange something of value between each other, there is consideration.

What do you put into consideration? ›

to think carefully about a particular fact when deciding or judging something : It may be fairly cheap to buy, but you've got to take into consideration the money you'll spend on repairs.

What is adequate consideration? ›

Adequate consideration in contract law means that the value being exchanged is agreed upon and reasonable. The terms and value of the agreement must be clear and understood by all participating parties.

What is a question for consideration? ›

The question of consideration is one of the methods available to the House that enables it to determine its agenda on a particular day. The rules provide that when any motion or proposition is made, a Member may de- mand the question ''[w]ill the House now consider it?

What is for your consideration? ›

"Thank you for your consideration," is a letter closing phrase that means that you're thanking the recipient for receiving, reading, and thinking about your message. It's also a formal phrase that entails respect and conveys the style you use to send your business letters.

How do you provide consideration? ›

A promise - ie consideration - can be:
  1. a promise to do something, such as to: transfer ownership in property, such as intellectual property, a car or house. ...
  2. a promise to refrain from doing something (known as a restrictive covenant): ...
  3. a promise to pay money to the other contracting party, or to someone else.

How do you write a consideration sentence? ›

You should give some serious consideration to your retirement plans. After careful consideration, he agreed to their requests. Show some consideration and turn down that radio. Finding a house close to work was an important consideration for them.

What is a sufficient cause or consideration? ›

Sufficient cause, or good cause, refers to a legal determination that there exists sufficient reason to support a case or decision.

What is consideration sufficiency? ›

The term “sufficiency” describes something that the courts can see of value that makes the bargain binding, whilst “adequacy” may describe the full value of something. Hence, the law requires consideration to be something of sufficient value, but not necessarily the full or adequate market value.

What is an example of showing consideration? ›

Being considerate also means making sacrifices on occasion. Goes ahead, shows goodwill and jumps over your own shadow. This is regularly revealed when things seem to be taken for granted : for example, filling up the toilet paper . Or leave the office kitchen clean and empty the dishwasher.

How do you demonstrate consideration? ›

Say what you mean and do what you say. Listen and pay attention to the things they say and do. Ask them questions and be genuinely interested in the answers. That information will tell you the best way to show them consideration.

What are the three types of consideration? ›

The main types of consideration in contract law are: 1) Executory consideration, which is an exchange of promises between parties; 2) Executed consideration, where one party performs an act in exchange for a promise by the other party; 3) Past consideration, which is generally not valid as it refers to acts performed ...

What is a consideration question? ›

The question of consideration is one of the methods available to the House that enables it to determine its agenda on a particular day. The rules provide that when any motion or proposition is made, a Member may de- mand the question ''[w]ill the House now consider it? '' Rule XVI clause 3. Manual §778.

What is an example of consideration case? ›

Example 1 – Doing something

Peter and John enter into a contract where Peter promises to deliver 15 curtains to John in one month's time. Also, John promises to pay Peter an amount of Rs 3,000 on delivery. In this contract, John's promise to pay Rs 3,000, on delivery, is the consideration for Peter's promise.

How do you determine good consideration? ›

Payment, in any form, under a contract; any value given at the counterparty's request can be good consideration, including any action, inaction, or a promise.

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