Understanding Consideration in Contracts: Importance, Forms, and Legal Validity Explained

what is consideration can’t come from an existing duty?

if a party does something but was already required to do it, it is not consideration. but if they were given something extra to do that is considerationduty under contract: Hartley v Ponsonby- 8 sailors taking on the work of 17 people men abs they had gone beyond their contractual duty (consideration).duty under law: obliged under law to do something

Consideration is a crucial element in a contract, as it refers to the exchange of something of value between the parties involved. Consideration can come in various forms, such as money, goods, services, or even promises to do or not do something.

In general, consideration must be something that is legally sufficient and legally enforceable. Consideration must also be given by both parties in order for a contract to be valid.

When considering whether an existing duty can be considered as valid consideration, it is important to understand that an existing duty refers to a legal obligation that a party already owes to another party. Generally, the performance of an existing duty cannot be considered as valid consideration for a new contract. This is because the party already has a pre-existing legal obligation to perform the action, and therefore there is no additional benefit or exchange of value for the new contract.

For example, if a contractor already has a legal obligation to complete a construction project under an existing contract, and the owner of the project offers additional payment for early completion, this additional payment cannot be considered as valid consideration for a new contract. This is because the contractor is already legally obligated to complete the project, and therefore the promise of additional payment for early completion does not constitute a new exchange of value or benefit.

In conclusion, consideration in a contract must be legally sufficient and legally enforceable, and cannot come from a pre-existing legal obligation.

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