DocketX / Glossary / consideration
Consideration is the legal term for what each side gives up or promises to give up in a contract, like money, a service, or even a promise not to do something.
Consideration is the bargained-for exchange that makes a promise legally enforceable. In a court case, a party must show that both sides provided something of value (or a promise to do or not do something) to prove a valid contract exists. It appears in breach-of-contract claims where the court examines whether each side actually gave or promised something in return.
If you are sued for breaking a contract, the other side must prove that you received something in exchange for your promise; without consideration, the agreement may be unenforceable. Conversely, if you sue someone, you must show that you gave something of value (or a promise) to support your claim.
Many people think a written promise alone is binding, but without consideration, something given in exchange, a promise is generally not a contract. Also, consideration does not have to be fair or equal; even a small amount or a trivial act can count.
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General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.