영미법상의 Consideration에 관한 고찰

Generally mutual assent is a basic requirement to create a contract in a modern court. In common law system, in addition to mutual assent in order to render a promise that forms part of a contract enforceable, it must be supported by consideration. The conception of consideration has been challenged by a number of scholars. However, we can define the notion of consideration as it is the set of general principles defining the conditions that make promise enforceable in broad sense and it is something of value such as an act, a forbearance, or return promise received by a promisor from a promisee for bargain-exchange in narrow sense. Nowadays the theory of consideration may not be very popular, because the limits or distortions of the theory of consideration has solved by codifying in many parts by lawmakers and taking many substitutes for consideration such as promissory estoppel or detrimental reliance, although it still exists as part of the common law. Thus, consideration is not now the gatekeeper to contractual liability.