Stop Teaching Consideration
44 Pages Posted: 21 May 2020
Date Written: April 24, 2020
This article presents a survey of contemporary case law to demonstrate the incoherence of, and in some contexts the harm being done by, consideration doctrine, and to propose a consideration-free contracts syllabus. A brief review of the theoretical landscape is followed by a review of the problems that consideration and its corollaries purport to solve, the different possible rules for each problem and the present state of the law, and a comprehensive survey of recent court decisions applying and misapplying consideration doctrine and its corollaries. Finally, I propose a consideration-free syllabus for teaching contracts law.
Keywords: contract, consideration
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