Consideration | Practical Law

Consideration | Practical Law

Consideration

Consideration

Practical Law Glossary Item 7-503-9758 (Approx. 3 pages)

Glossary

Consideration

Something of value to which a party is not already entitled, given to the party in exchange for contractual promises. Consideration can take various forms, including a:
  • Monetary payment.
  • Promise to do something.
  • Promise to refrain from doing something.
Consideration is one element critical to the formation of a contract and it must be legally sufficient for the contract to be enforceable. For example, an employer's promise to pay an employee for earned commissions at the time of an employment termination is not sufficient consideration for a release of claims because employees are already legally entitled to receive payment for earned commissions. Conversely, commencing employment (and in some cases even at-will employment) is often sufficient consideration for binding an employee to certain promises, including restrictive covenants. However, state law varies on this issue. For more information, see Practice Note, Non-Compete Agreements with Employees: Jurisdiction-Specific Limitations on Non-Competes and Contract Law Requirements and Non-Compete Laws: State Q&A Tool, Question 8.