Consideration has been the subject of much discussion and controversy in recent times and in trying to define and establish its role in modern contract law academics have looked at both the origins of the doctrine and the way it has developed.
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Consideration has been the subject of much discussion and controversy in recent times and in trying to define and establish its role in modern contract law academics have looked at both the origins of the doctrine and the way it has developed. The initial development happened in the mid-16th century1 as more and more cases involving debts were brought into the common law for decisions on promissory liability. It was at this time that the idea of consideration was introduced, in part to help establish which promises should be enforced and which should not," by reference to the circumstances in which they were made."2 From the early cases, academics seem to agree that there was not one doctrine of consideration, but a developing code of considerations that could provide the court with reasons on which they could enforce a promise. It would therefore be hard to argue against Atiyah's statement that when...

