THE REQUIREMENT OF CONSIDERATION

Abstract

This article considers the law with regard to the contractual enforceability of promises made to a party receiving such a promise undertaking to perform a pre-existing obligation. Generally, the performance of such a pre-existing duty does not amount to sufficient consideration, and therefore does not give rise to an enforceable contract. However, numerous examples exist of courts failing to stricly enforce this contractual principle. The article discusses the legal uncertainty caused by such decisions, and considers the possibility of legislative reform in this area.