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Editorial

Consideration

Definition

Something of value given by each party to a contract, which induces the other to enter into the agreement. It may be a benefit to the promisor or a detriment to the promisee, but it must move from the promisee and need not be adequate — only sufficient in the eyes of the law.

In plain English: Each side has to give something up. A promise you get for nothing in return is usually not a contract you can enforce.

You did not name a jurisdiction, so this shows the GB definition. The term is defined differently elsewhere — see below.

Jurisdiction: GB Legal family: common law Authority: Currie v Misa (1875) LR 10 Ex 153

Usage

Civil law systems do not require consideration; a gratuitous promise may bind if properly made. Do not assume the doctrine travels.

Elsewhere

This term is defined differently in other systems.

Consideration US

A bargained-for exchange. Under the Restatement (Second) of Contracts § 71, a performance or return promise is bargained for if it is sought by the promisor in exchange for the promise and given by the promisee in exchange for that promise.

Related terms