Is past consideration considered valid consideration in contract law?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

In contract law, consideration must be something that is bargained for in exchange for a promise. Past consideration refers to something that has already occurred before the contract was made and is not sufficient to support a new contract. Since it was not provided as part of the bargaining process for the agreement, it cannot serve as valid consideration. This principle reinforces the idea that both parties must give something of value in the present or future for a contract to be enforceable.

The other options hint at scenarios that do not align with the fundamental requirements for valid consideration. Documentation or potential future benefits do not alter the fact that past actions were not part of the agreement at the time of negotiation. Similarly, an agreement being ratified does not change the nature of the past consideration; it does not constitute a new bargain. Only consideration that is exchanged contemporaneously or that is promised in the future qualifies as valid under contract law principles.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy