Past consideration is bad consideration. Discuss.?

Question

Discuss and comment this statement, to what extent does the doctrine of consideration can be effectively and practically applied in reality.

Answer 1

Well, there has to be consideration for every term, and if there's a term made later, there has to be new consideration.

On the other hand, courts rarely question the adequacy of consideration... only if there's a question of bad faith... so in your ordinary contract, it won't matter in the slightest.

Just to be safe, there should probably be more than past consideration. But the contract isn't going to be invalidated just because of that if it's the only problem... if there's strong intent for the term, contracts are too important to just refuse to enforce based on the consideration. but consideration can be evidence of another problem with the contract, so it serves a useful purpose as a possible factor to look for... but not big enough that we should worry about it at the expense of the contract and intent of the parties.

Answer 2

The idea is that a contract is only valid if it imposes current and/or ongoing obligations (legal detriment) on the parties.

Past consideration is complete. There is no ongoing obligation. So there, the party who has made past consideration did not do so as part of a bargained-for exchange.

Answer 3

Just because yu have helped someone with their homework in the past does not mean that they are going to help you with yours now.

I think.

Answer 4

every relationship requires some type of consideration even if it is just shaking hands in welcome. without consideration there is no connection.