9084 · 3.1.4
Consideration
**Consideration** (3.1.4) — **past consideration**, **existing duties**, and **part payment** are favourite exam topics.
Need to know
What you need to know
- Consideration is the element of exchange or bargain required in a contract.
- Defined as a benefit to the promisor or a detriment to the promisee (*Currie v Misa*).
- It must 'move from the promisee', meaning the person enforcing the promise must have provided the consideration.
- Consideration can be executed (an act for a promise) or executory (a promise for a promise).
Explanation
Consideration
- Consideration is the element of exchange or bargain required in a contract.
- Defined as a benefit to the promisor or a detriment to the promisee (*Currie v Misa*).
- It must 'move from the promisee', meaning the person enforcing the promise must have provided the consideration.
- Consideration can be executed (an act for a promise) or executory (a promise for a promise).