Consideration Under American Law - Purposes of Consideration

Purposes of Consideration

There are three main purposes cited for the consideration requirement. The first is the cautionary requirement - parties are more likely to look before they leap when making a bargain than when making an off-the-cuff promise of a gift. The second is the evidentiary requirement - parties are more likely to commemorate, or at least remember, a promise made due to a bargaining process. The third is the channeling requirement - parties are more likely to coherently stipulate their specific desires when they are forced to bargain for them. Each of these rationales ensure that contracts are made by serious parties and are not made in error.

Read more about this topic:  Consideration Under American Law

Famous quotes containing the words purposes of and/or purposes:

    I find that the respectable man, so called, has immediately drifted from his position, and despairs of his country, when his country has more reason to despair of him. He forthwith adopts one of the candidates ... as the only available one, thus proving that he is himself available for any purposes of the demagogue. His vote is of no more worth than that of any unprincipled foreigner or hireling native, who may have been bought.
    Henry David Thoreau (1817–1862)

    What happened at Hiroshima was not only that a scientific breakthrough ... had occurred and that a great part of the population of a city had been burned to death, but that the problem of the relation of the triumphs of modern science to the human purposes of man had been explicitly defined.
    Archibald MacLeish (1892–1982)