Stop Teaching Consideration

44 Pages Posted: 21 May 2020

Date Written: April 24, 2020

Abstract

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

Suggested Citation

White, Alan M., Stop Teaching Consideration (April 24, 2020). Nevada Law Journal, Vol. 20, No. 2, 2020, Available at SSRN: https://ssrn.com/abstract=3584748

Alan M. White (Contact Author)

CUNY School of Law ( email )

2 Court Square
Long Island City, NY 11101
United States

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