---
title: "Consideration"
type: Legal Term
source: https://casebriefly.com/legal-terms/consideration
---

# Consideration

Consideration is a bargained-for exchange in which each party incurs a legal detriment or receives a legal benefit. It is an essential element of an enforceable contract at common law. Adequacy of consideration is generally not scrutinized by courts — a peppercorn suffices — but past consideration and pre-existing duties typically do not qualify.

## Related Terms

- promissory-estoppel
- quasi-contract
- unjust-enrichment

## Related Cases

- hamer-v-sidway
- batsakis-v-demotsis
- mills-v-wyman
- plowman-v-indian-refining-co
- feinberg-v-pfeiffer-co

## Example

An uncle promises his nephew $5,000 if the nephew refrains from smoking until age 21. The nephew's forbearance constitutes valid consideration.

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Source: [Consideration — CaseBriefly](https://casebriefly.com/legal-terms/consideration)