Consideration
Legal Definition and Related Resources of Consideration
☑️ This definition is part of the content of Lawi's courses, guides, tools and other solutions and the world's leading and largest online law dictionary. It offers legal definitions, synonyms, word origins, translations, meanings, example sentences, and more. It is considered a trusted authority, a broad glossary of legal terms and an unsurpassed guide for professionals, students and researchers in any discipline related to law and, in general, to the social sciences. Do you like what you read? Can I ask a favor from you? Like and share it with your family and friends so that others can discover it too. If you have been forwarded this text, please subscribe here.
Meanings, Synonyms, Etymology, Translations and More
Meaning of Consideration
In contracts consideration consists either in some right , interest , profit or benefit accruing to the one party , or some forbearance , detriment , loss or responsibility given, suffered or undertaken by the other. Something moving from one party to another, either to benefit of one or detriment to the other, something offered by one party and accepted by the other as an element of the contract. See First national Bank of GaUipolis v Marietta Manufacturing Co. of W. Va., 153 S.E.2d 172. Consideration is necessary to support a contract unless the same is under seal. A contract founded on an illegal or immoral consideration is void. Also means the act of deliberation.
Consideration Alternative Definition
(Law Lat. comideratio). The material cause which moves a contracting party to enter into a contract. 2 Bl. Comm. 443. The price, motive, or matter of inducement to a contract, whether it be the compensation which is paid, or the inconvenience which is suffered by the party from whom it proceeds. A compensation or equivalent. A cause or occasion meritorious, requiring mutual recompense in deed or in law. Viner, Abr. "Consideration" (A). The quid pro quo, that which the party to whom a promise is made does or agrees to do in exchange therefor. 120 U.S. 197. Mutuality of obligation, as to each party, is the obligation imposed by the contract on the other party. As applied to contracts, "consideration" and "obligation" are really convertible terms, though frequently used as correlatives. The essence of every contract is its mutuality, and, in necessary consequence, the obligation of each party is the consideration running to the other, while the entire obligation of the contract is the mutual considerations. "The motive for entering into a contract, and the consideration of the contract, are not the saine. Nothing is consideration that is not regarded as such by both parties. It is the price voluntarily paid for the promisor's undertaking. Expectation of results will not constitute a consideration." Beach, Cent, § 147. Consideration is the very life and essence of a contract, and a contract or promise for which there is no consideration cannot be enforced at law. Such a promise is called a nudum pactum (ex nudo pacto non oritur actio), or nude pact, because a gratuitous promise to do or pay an3rthing on the one side, without any compensation on the other, could only be enforced, in the Roman law, when mafle (or clothed) with proper words or formalities, pactum verbis prescriptis vestitum. 7 Watts & S. (Pa.) 317; Plowd. 308; Smith, Lead. Cas. 456; Doctor & Stud. 2, c. 24; 3 Call (Va.) 439; 7 Conn. 57; 1 Stew. (Ala.) 51; 5 Mass. 301; 4 Johns. (N. Y.) 235; 6 Yerg. (Tenn.) 418; Cooke (Tenn.) 467; 6 Halst. (N. J.) 174; 4 Munf. (Va.) 95; 11 Md. 281; 25 Miss. 66; 30 Me. 412. Considerations, according to their general nature, are: (1) Valuable, being one which confers some benefit on the party at whose instance it is made, or upon a third party, at his request, or some detriment sustained at the instance of the party promising by the party to whom the promise is made. (2) Good, being one of blood, natural affection, or the like. Beach, Cont. § 148; Chit. Cont. 7; Doctor & Stud. 179; 1 Selw. N. P. 39, 40; 2 Pet. (U.S.) 182; 5 Cranch (U.S.) 142, 150; 1 Litt. (Ky.) 183; 3 Johns. (N. Y.) 100; 14 Johns. (N. Y.) 466; 8 N. Y. 207; 6 Mass. 58; 2 Bibb (Ky.) 30; 2 J. J. Marsh. (Ky.) 222; 2 N. H. 97; Wright (Ohio) 660; 5 Watts & S. (Pa.) 427; 13 Serg. & R. (Pa.) 29; 12 Ga. 52; 24 Miss. 9; 4 111. 33; 5 Humph. (Tenn.) 19; 4 Blackf. (Ind.) 388; 3 C. B. 321; 4 East, 55. Valuable considerations are divided by the civilians into four classes, which are given, with literal translations : Do ut des, I give that you may give, facio ut facias, I do that you may do, fado ut des, I do that you may give, do ut facias, I give that you may do. They are also: (3) Executed or past, being those done or received before the obligor made the promise. (4) Executory, being those by which it is undertaken to do something in the future. 95 U.S. 683; 6 Colo. 318. They are also: (5) Concurrent, being those which arise at the same time, or where the promises are simultaneous. (6) Continuing, being those which are executed only in part. (7) Equitable, being moral considerations. (8) Moral, being such as, though not valuable, are of moral obligation, and are sufScient to support an executed contract. 18 S. E. 421. (9) Gratuitous, being those which are not founded on such a deprivation or injury to the promisee as to make the consideration valid at law. 2 Mich. 381. (10) Illegal, being agreements to do things in contravention of the common or of statute law. (11) Impossible, being those which cannot be performed. Considerations have been further classified as "express" or "implied," accordingly as they are stated in the contract, or left to be inferred by law, but the distinction is based rather on the manner of contracting than on the nature of the consideration. See "Contract." (Lat. it is considered by the court). A formula used in giving judgments. A judgment is the decision or sentence of the law, given by a court of justice, as the result of proceedings, instituted therein for the redress of an injury. The language of the judgment is not, therefore, that "it is decreed," or "resolved," by the court, but that "it is considered by the court," consideratum est per curiam, that the plaintiff recover his debt, etc 3 Bouv. Inst, note 3298.
Consideration Legal Definition
The cause, price or impelling influence which induces a party to enter into a contract.
Synonyms of Consideration
(Contemplation), noun
noun advertency
advisement
attention
attentiveness
cogitation
consideratio
examination
forethought
heed
judgment
meditation
pondering
premeditation
reckoning
reflection
review
rumination
serious thought
speculation
study Associated Concepts: due consideration
(Recompense), noun
accommodation
benefits
bounty
compensation
defrayment
disbursement
emolument
fees
financial assistance
gratuity
guerdon
incentive
indemnification
indemnity
inducement
largess
payment
pecuniary aid
prize
reckoning
refund
reimbursement
remittance
remuneration
reparation
repayment
requital
restitution
return
reward
satisfaction
settlement
solatium
something of value
stipend
subsidy
sum
Associate d Concepts: adequate consideration
collateral consideration
complete failure of consideration
consideration for a contract
due consideration
failure of consideration
fair and valuable consideration
fictitious consideration
founded on a consideration
fraud in consideration
full and adequate consideration
good and sufficient consideration
illegal consideration
illusory consideration
immoral consideration
lack of consideration
legal consideration
meritorious consideration
moral consideration
mutual consideration
new consideration
nominal consideration
partial failure of consideration
past consideration
pecuniary consideration
present consideration
sufficiency of consideration
valid consideration
want of considerationforeign phrases: Ex turpi causa non oritur actio
No cause of action arises out of an immoral or illegal consideration
In omnibus contractibus
sive nominatis sive innominatis
permutatio continetur
whether nominate or innominate
there is implied an exchange
L'obligation sans cause
ou sur une fausse cause
ou sur cause illicite
ne peut avoir aucun ejfet
An obligation without consideration
or with a false one
or with an unlawful one
cannot have any effect
Nuda pactio obligationem non parit
A naked promise does not create a binding obligation
Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa
fit obligatio
et parit actionem
an obligation is created
and an action arises
Pacta quae turpem causam continent non sunt observanda
Agreements founded upon an immoral consideration are not to be enforced
ou sur cause illicite
ne peut avoir aucun ejfet
An obligation without consideration
or with a false one
or with an unlawful one
cannot have any effect
Nuda pactio obligationem non parit
A naked promise does not create a binding obligation
Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa
fit obligatio
et parit actionem
A naked contract is where there is no consideration for the undertaking or agreement; but where there is a consideration
an obligation is created
and an action arises
Pacta quae turpem causam continent non sunt observanda
Agreements founded upon an immoral consideration are not to be enforced
(Sympathetic regard), noun
accommodation
attentiveness
beneficence
benevolence
benignity
care
chivalry
civility
clemency
compassion
complaisance
concern
considerateness
cordiality
courteousness
courtesy
courtliness
deference
delicacy
diplomacy
esteem
estimation
friendliness
gallantry
generosity
geniality
gentleness
good manners
graciousness
helpfulness
humanity
kindheartedness
kindliness
kindness
mercy
neighborliness
obligingness
politeness
regard
respect
solicitousness
solicitude
tact
tenderness
thought
thoughtful regard
thoughtfulness
understanding
unselfishness
willingness to please
Related Entries of Consideration in the Lawi Project
Browse or run a search for Consideration in the legal resources (including dictionaries and American law definitions), the Asian legal platform, the European law platform, the British legal resources or the Latin American and Spanish platform and publications (Lawi) about law in the world.
Consideration in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Consideration in historical law and the evolution of legal systems (study).
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Consideration in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Accommodation, Accord And Satisfaction, Adequate, Affirmative Defense, Annuity, Assessment, Capacity, Carrier, Champerty, Clerical Error, Closed Transaction, Collateral, Collateral Order Doctrine, Commercial Frustration, Committee, Commonwealth, Compensate, Compensation, Contract, Deter, Detriment, Dicta, Discount, Draft, Face Amount, Failure Of Consideration, Fortune Telling, , Good Consideration, Gratis, Gratuitous, Group Insurance, Heedless, Immoral, Immoral Contract, Import, Inadequate, Insurable, Insurance, Interest, Judicial Act, , Lease, License, Life Insurance, Mail Classification, Manor, Material Evidence, Miscarriage Of Justice, Money Had And Received, Motion For A Directed Verdict, , Naked, Negligence, , Non-justiciable, Open Contract, Option, Paralegal, Pension, Pensioner, Percentage, Policy Of Insurance, Premises, Premium, Price, Reasonable Doubt, Reciprocity, Rehearing, Release, , Respective, Restraint Of Trade, Resulting Trust, , Sale Of Goods, Satisfaction, Sex Discrimination, Simple Licence, Special Purpose Or Use, Sub Judice, Subject, Subscription, Table.
Browse
You might be interested in these references tools, listed by resource (with its description) here:
Consideration in the Dictionary: Consideration in our legal dictionaries
Browse the Legal Thesaurus: Find synonyms and related words of Consideration
Legal Maxims: Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A): A community-driven knowledge creation process, of enduring value to a broad audience
Related topics: Consideration in this project about law in the world (Lawi)
Notice
This definition of Consideration is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
Vocabularies (Semantic Web Information)
Learn from the following resources (with their descriptions):
Topic Map: A group of names, occurrences and associations
Topic Tree: A topic display format, showing the hierarchy
Sitemap Index: Sitemap Index, including Taxonomies
https://dictionarylaw.substack.com/p/consideration/: The URI of Consideration (more about URIs)
English Spanish Translation of Consideration
Retribución, contraprestación
Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Consideration) and the Word reference legal translator.
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Contracts; Performance; Promise.
contract.
Consideration in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of consideration.
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Law Enforcement Officer
Policeman
Law Enforcement Agency
Further Reading
English Legal System: Consideration
In the context of the English law, A Dictionary of Law provides the following legal concept of Consideration:
An act, forbearance, or promise by one party to a contract that constitutes the price for which he buys the promise of the other. Consideration is essential to the validity of any contract other than one made by deed. Without consideration an agreement not made by deed is not binding: it is a nudum pactum (naked agreement), governed by the maxim ex nudo pacto non oritur actio (a right of action does not arise out of a naked agreement).
The doctrine of consideration is governed by four major principles:
(1) A valuable consideration is required, i.e. the act, forbearance, or promise must have some economic value. Good consideration (natural love and affection or a moral duty) is not enough to render a promise enforceable.
(2) Consideration need not be adequate but it must be sufficient. Not to be adequate in this context means that it need not constitute a realistic price for the promise it buys, as long as it has some economic value. If X promises to sell his £50,000 house to Y for £5000, Y is giving valuable consideration despite its inadequacy. £1 is often the consideration in commercial contracts. That it must be sufficient means sufficient in law. A person's performance of, or promise to perform, an existing duty usually cannot in law constitute consideratio
(3) Consideration must move from the promisee. Thus if X promises to give Y £1000 in return for Y's promise to give employment to Z, Z cannot enforce Y's promise, for he has not supplied the consideration for it.
(4) Consideration may be executory or executed but must not be past. A promise in return for a promise (as in a contract of sale) is executory consideration; an act or forbearance in return for a promise (as in giving information to obtain a reward) is executed consideratio However, a completed act or forbearance is past consideration in relation to any subsequent promise. For example, if X gives information to Y gratuitously and Y then promises to reward him this is past consideration, which does not constitute consideratio
Concept of Consideration in the context of Real Property
A short definition of Consideration: Anything which is, legally, of value, and induces one to enter into a contract.
Concept of Consideration in the context of Real Property
A short definition of Consideration: Anything which is, legally, of value, and induces one to enter into a contract.
Consideration