Consideration
Consideration is the price each party pays for the other's promise — something of value (a benefit to one party or a detriment to the other) given in exchange. A promise is only enforceable as a contract if it is supported by consideration, or made by deed.
Last reviewed 14 June 2026
The classic definition comes from Currie v Misa (1875): consideration is a benefit accruing to one party or a detriment suffered by the other. Consideration must move from the promisee, and it must be sufficient but need not be adequate — the courts will not ask whether the bargain was a good one (Chappell & Co v Nestlé).
Past consideration is generally not good consideration (Re McArdle), and performing an existing duty is usually not consideration — though a promise that confers a practical benefit can be (Williams v Roffey Bros, distinguishing Stilk v Myrick).
Key cases
- Currie v Misa (1875) LR 10 Ex 153
- Chappell & Co Ltd v Nestlé Co Ltd [1960] AC 87
- Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1
Frequently asked questions
Does consideration have to be adequate?
No. Consideration must be sufficient (real and of some value in the eyes of the law) but need not be adequate — the courts do not weigh whether the price was fair, as Chappell v Nestlé shows.
Is past consideration valid?
Generally no: an act done before a promise was made is past consideration and cannot support that promise (Re McArdle), subject to narrow exceptions.
Related doctrines
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