Legal Definitions - consideration, want of

Want of Consideration

In contract law, "want of consideration" refers to the absence of a legally recognized exchange of value between parties to an agreement. For a contract to be legally binding and enforceable, each party must typically provide "consideration." This means they must give up something, promise to do something, or refrain from doing something, in exchange for the other party's promise or action. If one party's promise is not supported by any such exchange from the other side, there is a "want of consideration," which can render the agreement unenforceable.

• Example 1: A Gratuitous Promise

  Imagine a wealthy aunt tells her nephew, "Because I love you, I promise to give you $50,000 next month." The nephew is thrilled but doesn't promise anything in return, nor does he do anything specific to earn this money. If the aunt later changes her mind and refuses to pay, the nephew generally cannot sue her to enforce the promise.

  How it illustrates "want of consideration": The aunt's promise is a gift, not part of a bargained-for exchange. The nephew did not provide any consideration (something of value) in return for the aunt's promise. Because there was no mutual exchange, there is a "want of consideration," making the promise typically unenforceable as a contract.

• Example 2: Past Consideration

  A homeowner's roof is severely damaged in a storm. A kind neighbor, without being asked or promised anything, spends a weekend helping the homeowner make emergency repairs. Weeks later, out of gratitude, the homeowner promises to pay the neighbor $1,000 for their help. If the homeowner then fails to pay, the neighbor might struggle to enforce this promise.

  How it illustrates "want of consideration": The neighbor's act of repairing the roof (the "consideration") occurred *before* the homeowner made the promise to pay. The neighbor did not fix the roof *in exchange for* the later promise of $1,000. Since the act of value was performed in the past and not in response to the homeowner's promise, it is considered "past consideration," which generally does not count as valid consideration for a new promise. Thus, there is a "want of consideration" for the homeowner's promise to pay.

• Example 3: Pre-existing Duty

  A construction company has a contract to build a new office building for a client for a fixed price of $10 million. Halfway through the project, the company claims unforeseen difficulties and demands an additional $1 million to complete the work. The client, anxious to avoid delays, reluctantly agrees to pay the extra amount. If the client later refuses to pay the additional $1 million, the construction company might not be able to enforce that specific agreement.

  How it illustrates "want of consideration": The construction company was already legally obligated by the original contract to complete the building for $10 million. Promising to do what they were *already contractually bound* to do does not constitute new consideration for the additional $1 million. The client's promise to pay the extra money lacks new consideration from the construction company, demonstrating a "want of consideration" for that modification to the original contract.