Consideration in Contract Law: Historic and Contemporary Principles and Perspectives

In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world. Covering both the formation and renegotiation stage of a contract’s life, Consideration in Contract Law provides an overview of the history of the doctrine of consideration, as well as the related civil law doctrine of causa promissionis. Chapters review their core principles, and investigate how gifts can be distinguished from legal promises. Combining theoretical work with legal analysis, they set out how consideration can vary, for example through the existing legal duty rule and the practical benefit principle. The book also examines unique and novel forms of consideration, inspecting the legal sufficiency of natural love and affection, cryptocurrency, virtual property and lucky charms. Providing crucial guidance on the purpose and influence of the doctrine of consideration, this book is an essential read for students and scholars of private law and contract law. It is also a valuable resource for judges and commercial lawyers seeking to understand and resolve consideration problems.

Table of Contents:
Contents 1 A history of consideration at common law 2 Causa promissionis 3 The functions of consideration 4 The measure of consideration 5 Existing legal duties 6 Novel cases 7 Consideration and the variation doctrines 8 Contract renegotiations and consideration 9 Global treatment of practical benefit Index

About the Author :
Mark Giancaspro, Senior Lecturer in Law, Adelaide Law School, University of Adelaide, and Barrister and Solicitor, Supreme Court of South Australia

Review :
‘Mark Giancaspro has produced a gem of a book. The subject matter could be dry, but he handles it well, drawing on examples from history and popular culture. The wealth of legal works that reference Lord Denning, John Grisham, Hannibal Lecter and The Simpsons (pictured) illustrates his points. The text flows along in a conversational and readable style. [...] Consideration in Contract Law is an unexpected pleasure, written by someone who clearly knows their subject. It is a mix of legal history, theory and practical application, presented in accessible and readable prose. Commercial lawyers and academics in related fields may find particular interest, but even non-specialists will find this worth their time.’ ‘This book provides a lucid and very interesting discussion of a most important aspect of contract law, and one which has undergone a good deal of, often contested, mutation over time. The value of seeing doctrine in its historical perspective is once more vindicated.’ ‘References to art, history, and pop culture sit comfortably alongside impressive scholarly research in Giancaspro’s illuminating and insightful account of the origins, functions, and significance of consideration. This work is as far from a dry academic textbook as it is possible to imagine – and all the better for it.’