Consideratio Curiae

The consideration of the court; that is, the judgment of the court implying consideration or study. CONSIDERATION (Law Lat. comideratio). The material cause which moves a contracting party to enter into a contract. 2 Bl. Comm. 443. The price, motive, or matter of inducement to a contract, — ^whether it be the compensation which is paid, or the inconvenience which is suffered by the party from whom it proceeds. A compensation or equivalent. A cause or occasion meritorious, requiring mutual recompense in deed or in law. Viner, Abr. "Consideration" (A). The quid pro quo, that which the party to whom a promise is made does or agrees to do in exchange therefor. 120 U. S. 197. Mutuality of obligation, as to each party, is the obligation imposed by the contract on the other party. As applied to contracts, "consideration" and "obligation" are really convertible terms, though frequently used as correlatives. The essence of every contract is its mutuality, and, in necessary consequence, the obligation of each party is the consideration running to the other, while the entire obligation of the contract is the mutual considerations. "The motive for entering into a contract, and the consideration of the contract, are not the saine. Nothing is consideration that is not regarded as such by both parties. It is the price voluntarily paid for the promisor's undertaking. Expectation of results will not constitute a consideration." Beach, Cent, § 147. Consideration is the very life and essence of a contract, and a contract or promise for which there is no consideration cannot be enforced at law. Such a promise is called a nudum pactum (ex nudo pacto non oritur actio), or nude pact, because a gratuitous promise to do or pay an3rthing on the one side, without any compensation on the other, could only be enforced, in the Roman law, when mafle (or clothed) with proper words or formalities, — pactum verbis prescriptis vestitum. 7 Watts & S. (Pa.) 317; Plowd. 308; Smith, Lead. Cas. 456; Doctor & Stud. 2, c. 24; 3 Call (Va.) 439; 7 Conn. 57; 1 Stew. (Ala.) 51; 5 Mass. 301; 4 Johns. (N. Y.) 235; 6 Yerg. (Tenn.) 418; Cooke (Tenn.) 467; 6 Halst. (N. J.) 174; 4 Munf. Considerations, according to their general nature, are: (1) Valuable, being one which confers some benefit on the party at whose instance it is made, or upon a third party, at his request, or some detriment sustained at the instance of the party promising by the party to whom the promise is made. (2) Good, being one of blood, natural affection, or the like. Beach, Cont. § 148; Chit. Cont. 7; Doctor & Stud. 179; 1 Selw. N. P. 39, 40; 2 Pet. (U. S.) 182; 5 Cranch (U. S.) 142, 150; 1 Litt. (Ky.) 183; 3 Johns. (N. Y.) 100; 14 Johns. (N. Y.) 466; 8 N. Y. 207; 6 Mass. 58; 2 Bibb (Ky.) 30; 2 J. J. Marsh. (Ky.) 222; 2 N. H. 97; Wright (Ohio) 660; 5 Watts & S. (Pa.) 427; 13 Serg. & R. (Pa.) 29; 12 Ga. 52; 24 Miss. 9; 4 111. 33; 5 Humph. (Tenn.) 19; 4 Blackf. (Ind.) 388; 3 C. B. 321; 4 East, 55. Valuable considerations are divided by the civilians into four classes, which are given, with literal translations: Do ut des, I give that you may give, facio ut facias, I do that you may do, fado ut des, I do that you may give, do ut facias, I give that you may do. They are also: (3) Executed or past, being those done or received before the obligor made the promise. (4) Executory, being those by which it is undertaken to do something in the future. 95 U. S. 683; 6 Colo. 318. They are also: (5) Concurrent, being those which arise at the same time, or where the promises are simultaneous. (6) Continuing, being those which are executed only in part. (7) Equitable, being moral considerations. (8) Moral, being such as, though not valuable, are of moral obligation, and are suf Scient to support an executed contract. 18 S. E. 421. (9) Gratuitous, being those which are not founded on such a deprivation or injury to the promisee as to make the consideration valid at law. 2 Mich. 381. (10) Illegal, being agreements to do things in contravention of the common or of statute law. (11) Impossible, being those which cannot be performed. Considerations have been further classified as "express" or "implied," accordingly as they are stated in the contract, or left to be inferred by law, but the distinction is based rather on the manner of contracting than on the nature of the consideration. See "Contract." CONSIDERATUM EST PER CURIAM (Lat. it is considered by the court). A formula used in giving judgments. A judgment is the decision or sentence of the law, given by a court of justice, as the result of proceedings, instituted therein is decreed," or "resolved," by the court, but that "it is considered by the court," consideratum est per curiam, that the plaintiff recover his debt, etc 3 Bouv. Inst, note 3298. CONSIDERATUR (Law Lat. it Is considered). Held to mean the same with consideratum est. 2 Strange, 874.

The judgment of the court.

I. The judgment of the court.

practice,is the judgment of the court. In pleadings where matters are determined by the court it is said, therefore it is considered and adjudged by the court, ideo consideratum est per curiam. ~