3.1 Definition and Importance of Consideration.
Consideration is a fundamental concept in contract law that involves the exchange of something of value between the parties as a prerequisite for a valid contract. Law students should delve into the characteristics and importance of consideration:
a) Bargained-for Exchange: Consideration requires a mutual exchange where each party gives something of value in return for the promise or performance of the other party.
b) Legal Sufficiency: The consideration exchanged must have legal value, which can include money, goods, services, a promise to perform, or a promise to refrain from doing something.
c) Adequacy of Consideration: Courts generally do not inquire into the adequacy of consideration, meaning that the value exchanged does not need to be equivalent. However, grossly inadequate consideration or instances of fraud could be relevant.
3.2 Exceptions: Promissory Estoppel.
Promissory estoppel is a doctrine that allows a promise to be enforced even if there is no valid consideration. Law students should understand the elements of promissory estoppel and its application:
a) Clear and Definite Promise: The promise made by one party must be clear, definite, and reasonably relied upon by the other party.
b) Reliance: The promisee must have reasonably relied on the promise to their detriment.
c) Injustice: Enforcing the promise is necessary to prevent injustice or unconscionable behavior.
3.3 Landmark Case: Ricketts v. Scothorn (1898).
The case of Ricketts v. Scothorn provides an illustration of the principle of promissory estoppel. In this case, a grandfather promised his granddaughter a sum of money. The granddaughter relied on this promise to her detriment by quitting her job and making arrangements based on the expected funds. When the grandfather later refused to fulfill his promise, the court held that promissory estoppel applied, and the granddaughter was entitled to the promised sum due to her reasonable reliance.
3.4 Conclusion.
A solid grasp of consideration and its role in contract law is essential for law students. By understanding the concept of bargained-for exchange, legal sufficiency, and the exceptions such as promissory estoppel, students can navigate the complexities of contract formation and identify situations where valid consideration may not be present, yet a promise can still be enforced.
