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Contract Law - Doctrine of Consideration

The doctrine of consideration has been a source of much discussion over the years. In 1937, the doctrine of consideration was under review by the English Law Revision Committee. They suggested that “the inconvenience and possible injustice resulting from the doctrine of consideration raise the question whether it presents countervailing disadvantages which justify its retention.” Furthermore they acknowledged that the French Civil Code finds ‘cause’ as the important component in a contract. In Germany, the law looks at the ‘intention’ of the parties that make up the contract. Both societies do not recognise the doctrine of consideration, yet they are both highly developed legal systems, and they operate without the difficulties that our society experiences with the doctrine of consideration. They also acknowledged that, even though there was much support for the abolition of this doctrine, it was “so deeply embedded in…law that any measure which proposed to do away with it altogether would almost certainly arouse suspicion and hostility.” The English Law Revision Committee therefore suggested amending the doctrine to eliminate those aspects which may cause both hardship and unnecessary inconvenience. The committee belie

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Approximate Word count = 1721
Approximate Pages = 7 (250 words per page double spaced)

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