scroll to top
Stuck on your essay?
Get ideas from this essay and see how your work stacks up
Word Count: 2,856
Evolution of the doctrine of Consideration To gain a better understanding of consideration and its current standing it is useful to look at its evolution and historical development Many trace the beginnings of consideration to the sixteenth century however even as far back as the first and second centuries Roman Law had several procedures in place known as condictiones These were actions for the recovery of money or property One of the most important of these was an action called condictio causa dada causa non secuta recovery for something given on a basis that basis failing This doctrine held that money or property could be said to be based on what is good and fair and therefore it could be said that the rationale was that it was not fair that X could retain a benefit conferred by Y without providing any of the agreed counter performance It is from these humble beginnings doctrines of failure of consideration have developed In English law the doctrine of consideration first began to take real shape in the late sixteenth century in its relationship to assumpsit It started out with the very general definition being a reason for enforceability It was in the case of Stone v Wythipol where it was established that that for consideration to suffice it was to involve benefit to the promisor andor detriment to the plaintiff Modification this rule since took place to adopt modern day standards To further the rules established in Stone v Wythipol consideration was also said to exist if there was the component of something which might be categorised as the price paid by the promisee for the promise And so further development in the doctrine of consideration such as the term price have allowed for a broadening in its use Despite English law now only enforcing promises of which were supported by consideration there were those to oppose Lord Mansfield Chief Justice of the Kings Bench in
@Kibin is a lifesaver for my essay right now!!
- Sandra Slivka, student @ UC Berkeley
Wow, this is the best essay help I've ever received!
- Camvu Pham, student @ U of M
If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA