Con`sid`er`a´tion Pronunciation: kǒn`sĭd`ẽr`ā´shŭn
CONSIDERATION, contracts. A compensation which is paid, or all inconvenience
suffered by the, party from whom it proceeds. Or it is the reason which
moves the contracting party to enter into the contract. 2 Bl. Com. 443.
Viner defines it to be a cause or occasion meritorious, requiring a mutual
recompense in deed or in law. Abr. tit. Consideration, A. A consideration of
some sort or other, is so absolutely necessary to the forming a good
contract, that a nudum pactum, or an agreement to do or to pay any thing on
one side, without any compensation to the other, is totally void in law, and
a man cannot be compelled to perform it. Dr. & Stud. d. 2, c. 24 3 Call, R.
439 7 Conn. 57; 1 Stew. R. 51 5 Mass. 301 4 John. R. 235; C. Yerg. 418;
Cooke, R. 467; 6 Halst. R. 174; 4 Munf. R. 95. But contracts under seal are
valid without a consideration; or, perhaps, more properly speaking, every
bond imports in itself a sufficient consideration, though none be mentioned.
11 Serg. & R. 107. Negotiable instruments, as bills of exchange and
promissory notes, carry with them prima facie evidence of consideration. 2
Bl. Com. 445.
3. The consideration must be some benefit to the party by whom the
promise is made, or to a third person at his instance; or some detriment
sustained at the instance of the party promising, by the party in whose
favor the promise is made. 4 East, 455;1 Taunt. 523 Chitty on Contr. 7 Dr.
& Stu. 179; 1 Selw. N. P. 39, 40; 2 pet. 182 1 Litt. 123; 3 John. 100; 6
Mass. 58 2 Bibb. 30; 2 J. J. Marsh. 222; 5 Cranch, 142, 150 2 N. H. Rep. 97
Wright, It. 660; 14 John. R. 466 13 S. & R. 29 3 M. Gr. & Sc. 321.
4. Considerations are good, as when they are for natural love and
affection; or valuable, when some benefit arises to the party to whom they
are made, or inconvenience to the party making them. Vin. Abr.
Consideration, B; 5 How. U. S. 278; 4 Barr, 364; 3 McLean, 330; 17 Conn.
511; 1 Branch, 301; 8 Ala. 949.
5. They are legal, which are sufficient to support the contract or
illegal, which render it void. As to illegal considerations, see 1 Hov.
Supp. to Ves. jr. 295; 2 Hov. Supp. to Ves. jr. 448; 2 Burr. 924 1 Bl. Rep.
204. If the, performance be utterly impossible, in fact or in law, the
consideration is void. 2 Lev. 161; Yelv. 197, and note; 3 Bos. & Pull. 296,
n. 14 Johns. R. 381.
6. A mere moral obligation to pay a debt or perform a duty, is a
sufficient consideration for an express promise, although no legal liability
existed at the time of making such promise. Cowp. 290 Bl. Com. 445 3 Bos. &
Pull. 249, note; 2 East, 506; 3 Taunt. 311; 5 Taunt. 36; 13 Johns. R. 259;
Yelv. 41, b, note; 3 Pick. 207. But it is to be observed, that in such cases
there must have been a good or valuable consideration; for example, every
one is under a moral obligation to relieve a person in distress, a promise
to do so, however, is not binding in law. One is bound to pay a debt which
he owes, although he has been released; a promise to pay such a debt is
obligatory in law on the debtor, and can therefore be enforced by action. 12
S. & R. 177; 19 John. R. 147; 4 W. C. C. R. 86, 148; 7 John. R. 26; 14 John.
R. 178; 1 Cowen, R. 249; 8 Mass. R. 127. See 7 Conn. R. 57; 1 Verm. R. 420;
5 Verm. R. 173; 5. Ham. R. 58; 3 Penna. R. 172; 5 Binn. R. 33.
7. In respect of time, a consideration is either, 1st. Executed, or
Something done before the making of the obligor's promise. Yelv. 41, a. n.
In general, an executed consideration is insufficient to support a contract;
7 John. R. 87; 2 Conn. R. 404; 7 Cowen, R. 358; but an executed
consideration on request; 7 John. R. 87 1 Caines R. 584; or by some previous
duty, or if the debt be continuing at the time, or it is barred by some rule
of law, or some provision of a statute, as the act of limitation, it is
sufficient to maintain an action. 4 W. C. C. R. 148 14 John. R. 378 17 S. &
R. 126. 2d. Executory, or something to be done after such promise. 3d.
Concurrent, as in the case of mutual promises; and, 4th. A continuing
consideration. Chitty on Contr. 16.
8. As to cases where the contract has been set aside on the ground of a
total failure of the consideration, see 11 Johns. R. 50; 7 Mass. 14; 8
Johns. R. 458; 8 Mass. 46 6 Cranch, 53; 2 Caines' Rep. 246 and 1 Camp. 40,
n. When the consideration turns out to be false and fails, there is no
contract; as, for example, if my father by his will gives me all his estate,
charged with the payment of a thousand dollars, and I promise to give you my
house instead of the legacy to you, and you agree to buy it with the legacy,
and before the contract is completed, and I make you a deed for the house, I
discover that my father made a codicil to his will and by it be revoked the
gift to you' I am not bound to complete the contract by making you a deed
for my house. Poth. on Oblig. part 1, c. 1, art. 3, Sec. 6. See, in general,
Obligation,, New Promise; Bouv. Inst. Index. b. t,; Evans' Poth. vol. ii. p.
19; 1 Fonb. Eq. 335; Newl. Contr. 65; 1 Com. Contr. 26; Fell on Guarrant.
337; 3 Chit. Com. Law, 63 to 99; 3 Bos. & Pull. 249, n; 1 Fonb. Eq. 122,
note z; Id. 370, note g; 5 East, 20, n.; 2 Saund. 211, note 2; Lawes Pl.
Ass. 49; 1 Com. Dig. Action upon the case upon Assumpsit, B Vin. Abr.
Actions of Assumpsit, Q; Id. tit. Consideration.
, attention span
, blood money
, breathless adoration
, buzz session
, climate of opinion
, common belief
, community sentiment
, consensus gentium
, cool judgment
, double time
, exaggerated respect
, exchange of views
, general belief
, good judgment
, great respect
, guiding light
, guiding star
, hero worship
, high order
, high rank
, high regard
, ignoratio elenchi
, incentive pay
, joint discussion
, logical analysis
, logical discussion
, loving care
, open discussion
, open forum
, palm oil
, panel discussion
, personal judgment
, point of view
, popular belief
, prevailing belief
, pros and cons
, public belief
, public opinion
, quid pro quo
, rap session
, reverential regard
, smart money
, something extra
, something of value
, sound judgment
, soundness of judgment
, special pleading
, talking point
, tender loving care
, tit for tat
, town meeting
, ulterior motive
, way of thinking