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4.1-3  Consideration

Revised to January 1, 2008

The defendant claims that the contract alleged by the plaintiff is not enforceable because it was not supported by consideration.  To be enforceable, a contract must be supported by valuable consideration.  Consideration may take the form of a promise to do or give something of value or a promise not to do something.  The essence of consideration is a benefit or detriment that has been bargained for and exchanged for the promise.  For example, a contract whose only terms are "You agree to pay me $200 next Tuesday" is not enforceable because you have not received anything of benefit and I have not given up anything.  There is no consideration for your agreement to pay me $200.  But if we change the contract so that its only terms are: "I will agree to sell you my bicycle next Tuesday if you agree to pay me $200," then the contract has consideration.  You are receiving the benefit of the bicycle in exchange for giving up your $200.

<Relate this to claims of the parties as to consideration or the lack thereof.  If lack of consideration to support the contract is not at issue, then, of course, this section can be omitted.>

Authority

State National Bank v. Dick, 164 Conn. 523, 529 (1973); Osborne v. Locke Steel Chain Co., 153 Conn. 527, 530-31 (1966); Finlay v. Swirsky, 103 Conn. 624, 631 (1925); Gruber v. Klein, 102 Conn. 34, 36-37 (1925); General Electric Capital v. Transport Logistics, 94 Conn. App. 541, 546 (2006); First New Haven National Bank v. Statewide Motors Inc., 33 Conn. Sup. 579, 581-82 (1976); J. Calamari & J. Petrillo, Contracts (3rd Ed. 1987) § 4-2, pp. 187-90.
 


 

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