What Is a Consideration Essay? A consideration essay deals with one of the more problematic issues in the field of law. In legal matters, consideration means that two parties understand that they have entered into an agreement that benefits each side, but that usually means one side gets a straightforward benefit, while the other side must pay some price for its benefit. It is one step up from a promise, which is not legally binding, but there are various interpretations of consideration that exist.
Consideration applies in a range of law cases, including employment law, divorce law, family law, insurance law, corporate law, copyright law and many others. Any dispute relating to a contract between parties will require the legal teams to determine whether or not the doctrine of consideration applies to the case. Because lawyers must constantly judge and decide whether consideration doctrine applies, and what ‘value’, if any, applies to the benefit and/or price paid, law students are going to find themselves writing a consideration essay during their studies.
Important Points for Students to Remember The main points of contention that will come up over consideration are:
- Value – was there a value to the benefit and/or cost in the contract?
- Price – did one party have to pay a price/suffer some form of loss?
- Sufficiency – was the benefit and/or price sufficient for consideration doctrine to apply?
The above notes are very basic, of course. You should be aware of the significance of value, price and sufficiency in law and how they are applied, and be able to tackle them in your essay, using examples. It is especially important to show that you have proof for your thesis statement – i.e., specific, important cases that you refer to – when writing an essay on any legal matter. An essay on consideration, as on any other point of law, will require discussions of precedent cases and their outcomes, as well as the legal opinion of the student who is writing the essay. They must be able to use their legal research into the specific question on consideration doctrine to make a valid case point. You will need to do extensive research and be familiar with the major cases that have set precedents in contract law.
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