Restatement (Second) of Contracts · Section § 4
Section 4 outlines the emergence of contract obligations when the consideration is either a promise or an act, focusing on the necessity of consideration for a binding contract.
Source: Restatement Restatement (Second) of Contracts § § 4
An agreement is enforceable only if there is mutual consideration. Consideration consists of a promise to do something or to refrain from doing something, and can take the form of an act.
To have a valid contract, both parties must provide something of value, known as consideration. This can be in the form of a promise to perform a service or to refrain from an action.
Consideration must be present in order for a contract to be enforceable.
The absence of consideration typically renders an agreement null and void.
Illustration 1
A promises to pay B $100 if B washes A's car. This is enforceable because B's act of washing the car is consideration.
Illustration 2
A offers to sell a book to B for $10. If B agrees and pays, the agreement is enforceable due to the exchanged consideration.
This case illustrates the principle that forbearance from a legal right can constitute valid consideration.
This case emphasizes that a promise must be supported by consideration to be enforceable.
Understanding Section 4 is crucial for any party entering into a contract to ensure that their agreement is legally binding. It highlights the necessity of consideration in contract formation and clarifies the types of actions or promises that can serve as consideration.