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Recent Defenses of Consideration: Commodification and Collaboration

46 Pages Posted: 29 Apr 2008  

Mark B. Wessman

Tulane University - Law School


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.

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

Suggested Citation

Wessman, Mark B., Recent Defenses of Consideration: Commodification and Collaboration. Indiana Law Review, Vol. 41, No. 1, 2008; Tulane Public Law Research Paper No. 08-05. Available at SSRN:

Mark B. Wessman (Contact Author)

Tulane University - Law School ( email )

New Orleans, LA 70118
United States
504-865-5989 (Phone)

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