Does Consideration in a Contract Have to Be Monetary?

Share at:

What is consideration?

A contract is a legal agreement, which binds parties to their promises. Every contract must have some form of consideration in order to be enforceable. Consideration in a contract is something of value given to prove that the person who promises something in the contract will go through with it. However, it’s important to note that if the contract you are in involves the formation of a deed, consideration is not necessary. 

A typical example of consideration being given in a contract is:

Abbie promises to buy Becca’s car, and they form a contract. Abbie provides monetary consideration of around $200, making the contract enforceable. If Carrie wanted to buy Becca’s car for a higher price, the consideration makes Abbie and Becca’s promise legally binding. Therefore, Becca could not take back her part in the contract with Abbie. 

What can consideration be?

Consideration is mostly always monetary, but can take other forms as well. It needs to be something of value to the individual making the promise. Therefore, it can also be an object or a service that the individual chooses. 

What can’t consideration be?

1. Existing Duty

Although consideration can be a service, performing an existing contractual duty is not an accepted form. This duty is already part of the contract, so it’s not enough to be one’s consideration. However, there is an exception to this rule. If you can prove that you went beyond your contractual duty, a court will accept this as a form of consideration.

2. Past Consideration

Past consideration cannot be enforced. This is when an act is done on before a contract is formed. Past consideration cannot be enforced. An example where it can’t be enforced is: 

Freddie has lost her cat, but miraculously, George has found it. Freddie offers to give George $100 after learning about her cat. However, this promise can’t be enforced as the consideration (the act of finding the cat) was completed before Freddie promised anything to George.

However, past consideration can only be enforced where the individual completing the promise is only doing because of the request of the other party. A example of this is:

Harry agrees to tutor a student for a year at the request of the student’s parents. He agrees to the terms in the contract which states that he will be paid at the end of the period. Although Harry’s actions are past consideration, they will be enforced by the law. 

It’s important to make sure that if you are entering into a contract, the consideration you are providing is valid. Without consideration, your contract can become unenforceable. If you have further questions, you can talk to a contract lawyer

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Most Popular Articles
You may also like
Recent Articles

Get the latest news

Name

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

eBook
Download our eBook,
Hiring Your First Employee

Our eBook covers the necessary legal and financial considerations you should make when hiring your first employee.

Name

You may also like

What Happens If You Break a Contract? The Ultimate Guide to Contractual Remedies (2026 Update)

Contractual breaches can be devastating. Learn exactly what you can do and what remedies the courts may grant to rectify them.

Can a Handwritten Agreement Hold Up in Court?

Is a handwritten agreement a legally binding agreement? Turns out, what is on the inside is what truly counts.

Terms of Service vs Terms & Conditions: What’s Different?

Terms Of Service and Terms and Conditions are an integral part of the online business world, and are a legal requirement for websites. Read about them here.