consideration

• n.

• 熟慮、考慮

関

consider、discuss、discussion、regard

　 　 　 　 　

WordNet

1. kind and considerate regard for others; "he showed no consideration for her feelings" (同)considerateness, thoughtfulness
2. a considerate and thoughtful act (同)thoughtfulness
3. a discussion of a topic (as in a meeting); "consideration of the traffic problem took more than an hour"
4. the process of giving careful thought to something
5. look at attentively (同)consider
6. a feeling of friendship and esteem; "she mistook his manly regard for love"; "he inspires respect" (同)respect
7. (usually plural) a polite expression of desire for someones welfare; "give him my kind regards"; "my best wishes" (同)wish, compliments
8. engage in or perform; "practice safe sex"; "commit a random act of kindness" (同)practice
9. cause to be admitted; of persons to an institution; "After the second episode, she had to be committed"; "he was committed to prison" (同)institutionalize, institutionalise, send, charge
10. regard or treat with consideration, respect, and esteem; "Please consider your family"
11. show consideration for; take into account; "You must consider her age"; "The judge considered the offenders youth and was lenient" (同)count, weigh
12. think about carefully; weigh; "They considered the possibility of a strike"; "Turn the proposal over in your mind" (同)debate, moot, turn_over, deliberate
13. take into consideration for exemplifying purposes; "Take the case of China"; "Consider the following case" (同)take, deal, look at
14. an exchange of views on some topic; "we had a good discussion"; "we had a word or two about it" (同)give-and-take, word
15. an extended communication (often interactive) dealing with some particular topic; "the book contains an excellent discussion of modal logic"; "his treatment of the race question is badly biased" (同)treatment, discourse
16. thinking again about a choice previously made; "he had second thoughts about his purchase" (同)second_thought, afterthought, rethink
17. a consideration of a topic (as in a meeting) with a view to changing an earlier decision
18. the quality of failing to be considerate of others (同)inconsiderateness, thoughtlessness

PrepTutorEJDIC

1. 〈U〉(…の)『考慮』,熟慮,考察《+『to』+『名』》 / 〈C〉『考慮すべき事』 / 〈U〉(人・物などへの)『思いやり』,配慮《+『for』+『名』》 / 〈C〉報酬,心づけ,償い / 〈U〉《まれ》重要さ,重大さ;尊敬,丁重
2. 《『regard』+『名』+『as』+『名』(『形』[『句』])》(…と)〈人・物事など〉‘を'『みなす』,考える(consider) / 《文》《副詞[句]を伴って》(ある感情・態度で)…‘を'見る,注視する / …‘を'『尊重する』 / 《副詞[句]を伴って》…‘を'評価する / 《文》《通例否定文で》〈意見・希望など〉‘を'『考慮にいれる』,‘に'注意を払う / 〈物事が〉…‘に'関係する,関連する / 〈U〉(…に対する)『考慮』,注意,関心《+『for』)『to』)+『名』》 / 〈U〉(…に対する)『敬意』,尊敬,好意《+『for』(『to』)+『名』》 / 〈U〉《おもに文》注視,凝視 / 〈U〉(ある特別な)点,関係,関連 / 《複数形で》(敬意・愛情を表す)あいさつ(greetings),よろしくとの伝言(best wishes)
3. 〈罪・過失など〉'を'『犯す』,〈よくない事〉'を'行う / (…に)…'を'『委託する』,ゆだねる《+『名』+『to』+『名』》 / 《しばしば受動態で》(拘置所・精神病院などに)…'を'収容する;(裁判などに)…'を'かける《+『名』+『to』(『for』)+『名』》
4. (決定・決意のために)…'を'『よく考える』,熟慮する / …'を'『みなす』,思う(進行形にできない) / …'を'『考慮に入れる』,心にとめる / …'を'重んじる,尊重する;…‘に'注意(注目)する / 熟慮する,考えてみる
5. (…についての)『議論』,討論,検討《+『about』(『on』)+『名』》
6. …‘を'『論ずる』,討議する,検討する

Wikipedia preview

出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2012/07/21 05:46:24」(JST)

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Contract law
Part of the common law series
Contract formation
Offer and acceptance Posting rule Mirror image rule Invitation to treat Firm offer Consideration
Defenses against formation
Lack of capacity Duress Undue influence Illusory promise Statute of frauds Non est factum
Contract interpretation
Parol evidence rule Contract of adhesion Integration clause Contra proferentem Title-transfer theory of contract
Excuses for non-performance
Mistake Misrepresentation Frustration of purpose Impossibility Impracticability Illegality Unclean hands Unconscionability Accord and satisfaction
Rights of third parties
Privity of contract Assignment Delegation Novation Third-party beneficiary
Breach of contract
Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach
Remedies
Specific performance Liquidated damages Penal damages Rescission
Quasi-contractual obligations
Promissory estoppel Quantum meruit
Related areas of law
Conflict of laws Commercial law
Other common law areas
Tort law Property law Wills, trusts and estates Criminal law Evidence

Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.

In common law it is a prerequisite that both parties offer some consideration before a contract can be thought of as binding.

However, even if a court decides there is no contract, there might be a possible recovery under quantum meruit (sometimes referred to as a quasi-contract) or promissory estoppel.

Consideration and formation of a contract

Consideration as defined is the interest, profit, and benefit accruing to one party involved as a payment for the consideration.

1. Consideration move at the desire of the promisor: In order to constitute consideration the act or abstinence forming the consideration for the promise must be done at the desire or request of the promise. Thus an act does or services rendered voluntarily, or at the desire of the third partly, will not amount to valid consideration so as to support a contract. The logic for this may be found in the worry and expense to which every one might be subjected, if he were obliged to pay for services which he did not request.
2. Consideration move from promisee or any other person: Consideration need not move from the promisee alone but may proceed from third person. Thus as long as there is a consideration for a promise, it is immaterial who has furnished it. It may move from the promise or from any other person. This means that even a stranger to the consideration can construct a contract, provided he is a party to the contract. This is sometimes called as doctrine of constructive consideration.
3. Consideration cannot be past: The words, has done or abstained from doing or does or has abstained from doing or promises to do or to abstained from doing or promises to do or to abstain from doing.
4. Consideration need to be adequate: It means that consideration is that it must be something to which the law attaches a value. The consideration need not to be adequate to the promise for the validity of an agreement. The law only consists on the presence of consideration and not on the adequacy of it. It leaves the people free to make their own bargains.

If A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

Additionally, if A signs a contract with B such that A will paint B's house for $500, A's consideration is the service of painting B's house, and B's consideration is $500 paid to A.

Further, if A signs a contract with B such that A will not repaint his own house in any other color than white, and B will pay A $500 per year to keep this deal up, there is also consideration. Although A did not promise to affirmatively do anything, A did promise not to do something that he was allowed to do, and so A did pass consideration. A's consideration to B is the forbearance in painting his own house in a color other than white, and B's consideration to A is $500 per year.

Conversely, if A signs a contract to buy a car from B for $0, B's consideration is still the car, but A is giving no consideration, and so there is no valid contract. However, if B still gives the title to the car to A, then B cannot take the car back, since, while it may not be a valid contract, it is a valid gift.

There are a number of common issues as to whether consideration exists in a contract.

Monetary value of consideration

Generally, courts do not inquire whether the deal between two parties was monetarily fair—merely that each party passed some legal obligation or duty to the other party. The dispositive issue is presence of consideration, not adequacy of the consideration. The values between consideration passed by each party to a contract need not be comparable.

For instance, if A offers B $200 to buy B's mansion, luxury sports car, and private jet, there is still consideration on both sides. A's consideration is $200, and B's consideration is the mansion, car, and jet. Courts in the United States generally leave parties to their own contracts, and do not intervene. The old English rule of consideration questioned whether a party gave the value of a peppercorn to the other party. As a result, contracts in the United States have sometimes have had one party pass nominal amounts of consideration, typically citing $1. Thus, licensing contracts that do not involve any money at all will often cite as consideration, "for the sum of $1 and other good and valuable consideration".

However, some courts in the United States may take issue with nominal consideration, or consideration with virtually no value. Some courts have since thought this was a sham. Since contract disputes are typically resolved in state court, some state courts have found that merely providing $1 to another is not a sufficiently legal duty, and therefore no legal consideration passes in these kinds of deals, and consequently, no contract is formed. However, this is a minority position. Supreme Court of Texas (1464-EIGHT, LTD. & MILLIS MANAGEMENT CORP, v. GAIL ANN JOPPICH See section III)

Pre-existing legal duties

Main article: Pre-existing duty rule

A party which already has a legal duty to provide money, an object, a service, or a forbearance, does not provide consideration when promising merely to uphold that duty. That legal duty can arise from law, or obligation under a previous contract.

The prime example of this sub-issue is where an uncle gives his seven year old nephew (a resident of the US) the following offer: "if you do not smoke cigarettes or marijuana until your 18th birthday, then I will pay you $500" (assuming it is a criminal offense in the US for people under the age of 18 to smoke cigarettes, and for people of any age to smoke marijuana). On the nephew's 18th birthday, he tells the uncle to pay up, and the uncle says no. In the subsequent lawsuit, the uncle will win, because the nephew, by U.S. law, already had a duty to refrain from smoking cigarettes or marijuana.

The same applies if the consideration is a performance for which the parties had previously contracted. For example, A agrees to paint B's house for $500, but halfway through the job A tells B that he will not finish unless B increases the payment to $750. If B agrees, and A then finishes the job, B still only needs to pay A the $500 originally agreed to, because A was already contractually obligated to paint the house for that amount.

An exception to this rule holds for settlements, such as an accord and satisfaction. If a creditor has a credit against a debtor for $10,000, and offers to settle it for $5,000, it is still binding, if accepted, even though the debtor had a legal duty to repay the entire $10,000.

Pre-existing duties relating to at-will employment depend largely on state law. Generally, at-will employment allows the employer to terminate the employee for good or even no reason, and allows the employee to resign for any reason. There are no duties of continued employment in the future. Therefore, when an employee demands a raise, there is no issue with consideration because the employee has no legal duty to continue working. Similarly, when an employer demands a pay-cut, there is also no contractual issue with consideration, because the employer has no legal duty to continue employing the worker. However, certain states require additional consideration other than the prospect of continued employment, to enforce terms demanded later by the employer, in particular, non-competition clauses.

Bundled terms

Contracts where a legally valueless term is bundled with a term that does have legal value are still generally enforceable.

Consider the uncle's situation above. If the same uncle had instead told his 17 year old nephew the following offer: "if you do not smoke cigarettes and do not engage females before your 18th birthday, then I will pay you $500". On the nephew's 18th birthday, he asks the uncle to pay up, and this time, in the subsequent lawsuit, the nephew may win.^{[citation needed]} Although the promise of not smoking was not valuable consideration (it was already legally prohibited), virtually all states allow some sort of engagement by minors. Even though the engagement by minors is legally restricted, there are circumstances where it is legal, and thus the promise to forbear from it entirely has legal value. However, the uncle would still be relieved from the liability if his nephew smoked a cigarette, even though that consideration is valueless, because it was paired with something of legal value; therefore, adherence to the entire, collective agreement is necessary.

Past consideration

Generally, past consideration is not a valid consideration and has no legal value. Past consideration therefore cannot be used as a basis when claiming damages. Roscorla v Thomas. there are two exceptions to this rule they include;

1. Where it was paid at the request of the offeror.
2. where both parties had earlier on contemplated payment.

Option contracts and conditional consideration

Generally, conditional consideration is valid consideration.

Suppose A is a movie script writer and B runs a movie production company. A says to B, "buy my script." Instead, B says "How about this – I will pay you $5,000 so that you do not let anyone else produce your movie until one year from now. If I do produce your movie in that year, then I will give you another $50,000, and no one else can produce it. If I do not produce your movie in that year, then you're free to go." If the two subsequently get into a dispute, the issue of whether a contract exists is answered. B had an option contract—he could decide to produce the script, or not. B's consideration passed was the $5,000 down, and the possibility of $50,000. A's consideration passed was the exclusive rights to the movie script for at least one year.

In settlements

B committed a tort against A, causing $5,000 in compensatory damages and $3,000 in punitive damages. Since there is no guarantee that A would win against B if it went to court, A will agree to drop the case if B pays the $5,000 compensatory damages. This is sufficient consideration, since B's consideration is a guaranteed recovery, and A's consideration is that B only has to pay $5,000, instead of $8,000.

Treatments by different legal systems

• Consideration under English law
• Consideration under American law
• Consideration is not required for a contract under Scots contract law

References

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Related Links

• considerationの意味・用例｜英辞郎 on the WEB：アルク

consideration 【名】 考慮、熟慮、じっくり考えること 〔熟慮して得られた〕結... - アルクがお届けする進化するオンライン英和・和英辞書データベース。一般的な単語や連語から、イディオム、専門用語、スラングまで幅広く収録。

• considerationの意味 - 英和辞書 - 英語辞書 - goo辞書

considerationとは。意味や和訳。[名]1 [U]((形式))（…の）考慮，考察，熟慮，熟考((to ...))a proposal under consideration考慮中の提案after due [long] consideration十分に[長く]考えたあとでgive a project full consideration計画を十分 ...

• Consideration | Define Consideration at Dictionary.com

mid-14c., "a beholding, looking at," also "keeping in mind," from Old French consideracion (12c., Modern French considération), from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of ...

Related Pictures

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★リンクテーブル★

リンク元	「commit」「regard」「discussion」「consider」「discuss」
拡張検索	「reconsideration」

「commit」

　　[★]

• vt.

• 託する、委託する、引き渡す(to)。拘禁する
• 献身する(to)。言質を与える、確約する、同意する
• (記憶・記録・忘却などに)ゆだねる、付する(to)
• (罪・過失など)犯す、(危険なことに)掛かり合う、のめり込む(to)

This is an important consideration in the depressed patient, who may attempt to commit suicide by intentionally overdosing on his or her medication.

homicide involving strangers is committed almost exclusively by men.

• (名声・体面など)危うくする、…に累を及ぼす

• vi.

• 義務を負う、約束する(to)

関

commitment、consignment、entrust

　 　 　

「regard」

　　[★]

• v.

• みなす、考える、考慮する、関する

• n.

• 敬意、関心

関

about、assume、concern、consider、consideration、interest、look、postulate、reason、relative、respect、think、view

　 　 　 　

「discussion」

　　[★]

• n.

• 考察、討論、議論、討議

関

argue、argument、consideration、debate、discuss、dispute

参考

• 1.

http://www.ytrans.com/McQ_17.html

　 　 　

「consider」

　　[★]

• v.

• 考慮する、配慮する、考える、みなす

関

assume、consideration、look、postulate、reason、regard、think、view

　 　 　 　 　

「discuss」

　　[★]

• v.

• 考察する、議論する、討論する

関

argue、argument、consideration、debate、discussion、dispute

　

「reconsideration」

　　[★]

• 再考

関

reconsider、revisit