Contractual Consideration

A Contractual Consideration is a Legal Consideration that represents something of value exchanged between parties to form a legally binding contract.

• AKA: Legal Agreement Consideration.
• Context:
  • It is (typically) required that both parties must offer consideration for the contract to be enforceable, and this can include promises, services, money, or forbearance (i.e., refraining from doing something).
  • It can (typically) involve Offer and Acceptance as part of a mutual exchange where both parties benefit.
  • It can range from being a Monetary Consideration, to being a Service Consideration, to being a Nominal Consideration.
  • It can create legally binding obligations when both parties agree to exchange something of value.
  • It can lead to exceptions such as Promissory Estoppel or reliance when consideration is not explicitly present but enforcement is required to prevent injustice.
  • ..
• Example(s):
  • An agreement where a landlord leases a property to a tenant: the rent paid by the tenant is consideration for the landlord’s provision of the property.
  • A service contract where one party agrees to design a website in exchange for a fee -- both the service (web design) and the payment represent the consideration.
  • A contract modification, where both parties agree to alter the original terms without additional consideration, could still be enforceable if it meets specific conditions like good fait.
  • ...
• Counter-Example(s):
  • Gift,
  • Moral Obligation,
  • Pre-existing Duty.
• See: Contractual Capacity, Contractual Mutuality, Mutual Assent, Legal Capacity, Contract Offer and Acceptance, Contract Formation, Contract Clause, Contractual Term, Offer and Acceptance Act.

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References

2024a

• (ChatGPT-OpenAI, 2024) ⇒ Prompt: Summarize the concept Contractual Consideration in 1- 2 paragraphs. ChatGPT (model:gpt-4o). Retrieved: 2024-09-29.
  • QUOTE: Contractual consideration refers to something of value that is exchanged between the parties entering into a contract, serving as the essential element that distinguishes enforceable agreements from mere promises or gifts. Consideration can take various forms, such as money, goods, services, or a promise to act (or refrain from acting) in a certain way. For a contract to be legally binding, both parties must offer something of value, and there must be a reciprocal bargain where each party's consideration induces the other's promise or performance.

    The concept ensures that there is a mutual exchange reflecting a fair balance of obligations and benefits, which serves as a safeguard against one-sided or exploitative agreements. The law generally requires that the consideration be legally sufficient, meaning it must be something that has real value in the eyes of the law, although it does not have to be equivalent in value to what the other party is providing. In essence, consideration is a foundational principle that provides the incentive for both parties to adhere to the terms of the contract.

2024b

• (Legal Dictionary, 2024) ⇒ https://legaldictionary.net/consideration/ -- Retrieved: 2024-09-29.
  • QUOTE: In the legal system, the term consideration in contract law refers to something of value given to someone in return for goods, services, or some other promise. A valid contract must include consideration for every party involved. In simple terms, consideration is the basic reason a party enters into a legal contract.

2024c

• (Wex Legal Institute, 2024) ⇒ https://www.law.cornell.edu/wex/consideration -- Retrieved: 2024-09-29.
  • QUOTE: 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 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 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 the Restatement (Second) of Contracts, or good faith modification under the 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.

2024d

• (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Consideration Retrieved:2024-9-29.
  • Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions.

    The court in Currie v Misa declared consideration to be a "Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility". Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right.

    Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's consideration is the promise of $5,000, and B's consideration is the promise of the car.

    Additionally, if A signs a contract with B such that A will paint B's house for $500, A's consideration is the service of painting B's house, and B's consideration is $500 paid to A. Further if A signs a contract with B such that A will not repaint his own house in any other colour than white, and B will pay A $500 per year to keep this deal up, there is also a consideration. Although A did not promise to affirmatively do anything, A did promise not to do something that he was allowed to do, and so A did pass consideration. A's consideration to B is the forbearance in painting his own house in a colour other than white, and B's consideration to A is $500 per year. Conversely, if A signs a contract to buy a car from B for $0, B's consideration is still the car, but A is giving no consideration, and so there is no valid contract. However, if B still gives the title to the car to A, then B cannot take the car back, since, while it may not be a valid contract, it is a valid gift.

    In common law it is a prerequisite that both parties offer consideration before a contract can be thought of as binding. The doctrine of consideration is irrelevant in many jurisdictions, although contemporary commercial litigant relations have held the relationship between a promise and a deed is a reflection of the nature of contractual considerations. If there is no element of consideration found, there is thus no contract formed.

    However, even if a court decides there is no contract, there might be a possible recovery under the doctrines of quantum meruit (sometimes referred to as a quasi-contract) or promissory estoppel.

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