He classic definition of consideration
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'The classic definition of consideration is that it may consist of some benefit accruing to one party or some detriment suffered by the other. In truth, however, the courts are inconsistent in their approach in identifying a benefit or detriment. They simply enforce a promise when they think there is a good reason to'. Discuss. The law of contract has three main labels used as mechanical devices to establish legally enforceable agreements; namely offer, acceptance and consideration. Lord Wilberforce said1: "English law having committed itself to a rather technical and schematic doctrine of contract, in application takes a practical approach, often at the cost of forcing the facts to fit uneasily into the marked slots of offer, acceptance and consideration". This essay discusses the historical development of consideration, what principles are integral to the doctrine and how courts have inconsistently 'forced the facts to fit'. In concluding, a brief comparison will be made...

