Lawyordle™ · Study archive

#35 · 2026-09-10 · Legal term

Consideration

Each promise is sought in exchange for the other, supplying consideration. A bargained-for promise can suffice before performance, while a gratuitous promise generally lacks this basis for enforcement.

Rule to remember

Consideration is a bargained-for performance or return promise sought by the promisor in exchange for the promise and given by the promisee in exchange for it.

Key elements and checks

In the source’s words

“mutual exchange of promises or obligations”

Cornell Wex — Consideration

Past services and preexisting duties ordinarily do not supply a new bargain; exceptions and UCC modifications require separate analysis.

Sources