Understanding Consideration in Contract Law

From the study guide

Contract Law: Consideration - Exam Revision Sheet

1. 📌 Essentials

  • Consideration: Something of value exchanged, forming the basis of enforceability.
  • Legal Value: Must have some legal benefit or detriment; adequacy is irrelevant.
  • Types: Executed (done at formation), Executory (to be done later).
  • Past Consideration: Generally invalid unless exceptions apply.
  • Existing Duty: Performance of a pre legal obligation is not valid consideration unless beyond obligation.
  • Part Payment of Debt: Usually not valid consideration; exceptions include early payment, third-party payment, or practical benefits.
  • Practical Benefit: Can support consideration if the promisor gains a real, tangible benefit.
  • Promissory Estoppel: Equity doctrine preventing strict enforcement of rights based on a clear promise and reliance.
  • Modification: Usually requires fresh consideration unless practical benefits are present.
  • Forbearance to Sue: Valid consideration if claim is valid and made in good faith.

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Practice quiz preview

1. Under what circumstances can promissory estoppel be used to prevent the enforcement of a contractual right?

2. What is the primary function of consideration in contract law?

3. Which of the following is generally true regarding past consideration?

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Flashcard preview

Consideration — definition?

Exchange of benefit or detriment with legal value

Consideration types — example?

Executed or executory consideration

Past consideration — validity?

Generally invalid unless exceptions apply

Consideration — definition?

Something of value exchanged for enforceability.

Legal Value — requirement?

Must have legal benefit or detriment; adequacy irrelevant.

Executory vs Executed — difference?

Executory: to be done later; Executed: completed.

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