Recent Defenses of Consideration: Commodification and Collaboration

Abstract:     
In this article, Professor Wessman supplements his previous criticism of the traditional requirement of consideration in contract law. Specifically, he addresses innovative arguments by Professors Eisenberg and Markovits, respectively, that aspects of that traditional requirement are supported by notions of commodification and collaboration. Ultimately, he concludes that neither of those theoretical concepts provides an adequate basis for a defense of the classical rules pertaining to consideration.

Number of Pages in PDF File: 46

Keywords: contract, consideration, commodification, collaboration, gift promises, donative promises

Accepted Paper Series