Consideration in English Law

Consideration in English law is one of the three main building blocks of a contract. Consideration can be anything of value (such as an item or service), which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration, the agreement is not legally a binding contract. In its traditional form, expressed as the requirement that in order for parties to be able to enforce a promise, they must have given something for it (quid pro quo): something must be given or promised in exchange or return for the promise. A contract must be "met with" or "supported by" consideration to be enforceable; also, only a person who has provided consideration can enforce a contract. In other words, if an arrangement consists of a promise which is not supported by consideration, then the arrangement is not a legally enforceable contract. Mutual promises constitute consideration for each other. ("I promise you to do X, in consideration for which promise you promise me to do Y").

In Australia, the bargain theory of consideration prevails, where the act or forbearance of one party or promise thereof is the price for which a promise is bought.

Read more about Consideration In English Law:  Value, Adequacy, Illusory Consideration, Privity, Pre-existing Duties, Estoppel, Deeds and Formality, Alternatives

Famous quotes containing the words consideration in, english and/or law:

    The rage for road building is beneficent for America, where vast distance is so main a consideration in our domestic politics and trade, inasmuch as the great political promise of the invention is to hold the Union staunch, whose days already seem numbered by the mere inconvenience of transporting representatives, judges and officers across such tedious distances of land and water.
    Ralph Waldo Emerson (1803–1882)

    Bourbon’s the only drink. You can take all that champagne stuff and pour it down the English Channel. Well, why wait 80 years before you can drink the stuff? Great vineyards, huge barrels aging forever, poor little old monks running around testing it, just so some woman in Tulsa, Oklahoma can say it tickles her nose.
    John Michael Hayes (b.1919)

    Most magazines have that look of being predestined to be left which one sees on the faces of the women whose troubles bring them to the Law Courts.
    Rebecca West (1892–1983)