consideration
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 81 U.S. 570 - Philpot v. Gruninger · 1871Most cited · 70 citing opinions
there is a clear distinction sometimes between the motive that may induce to entering into a contract and the consideration of the contract. Nothing is consideration that is not regarded as such by both parties. It is the price voluntarily paid for a promisor's undertaking.
How the Supreme Court has restated “consideration”
Each Supreme Court definition of “consideration,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “consideration”
Court decisions citing the 5 opinions that defined “consideration” — 227 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 6 definitions, chronological · 1801–1871
- ORIGINAL
the smallest spark of benefit, or accommodation, was sufficient to create a valid consideration for a promise
To constitute a consideration it is not absolutely necessary that a benefit should accrue to the person making the promise. It is sufficient that something valuable flows from the person to whom it is made; and that the promise is the inducement to the transaction.
need not benefit the promisor
A benefit to the promisor, or damage to the promisee, constitutes a good consideration.
any damage or suspension of a right, or possibility of a loss, occasioned to the plaintiff by the promise of another, is a sufficient consideration for such promise, and will make it binding, although no actual benefit accrues to the party promising.
sufficient
the notes of the Confederacy actually circulating as money at the time a contract was made may constitute a valid consideration for such contract.