CONSIDERATION, in law, the thing given, or done, or the forbearing or suffering something as recompense to another, for doing, giving. forbearing, or suffering. Au obligation incurred without C. is, in England, termed vOluntary, in Scotland gratuitous; if for C., it is so styled in England, but in Scotland'it is called onerous. Considerations are divided in England into good and valuable, the former being affection for a near relative, the latter a pecuniary or other tangible benefit, or marriage. There is no corre sponding division in Scotland. But in Scotland, on the other hand, there is, as a general rule, no need for the intervention of a C. to make a contract valid, while in England a contract without C. is invalid, unless it be evidenced by formal deed (q.v.). In this respect, the law of England is founded upon the maxim of the civil law, ex nndo pacto non oritur actio; while the Scottish rule is founded on that of the canon law, omne rerbum de ore fideli cadit in debit-um. But the C. which in England is sufficient to support a contract, may be of the most illusory kind. Thus, an
agreement to take less than the full sum in payment of a debt is without C. and invalid, even though the sum stipulated be paid, because there is no C. to support the agreement to give up the residue; but if the agreement was to take a stick of sealing-wax instead of the money, it is an agreement for valuable C. and binding, and the transfer of the wax extinguishes the debt.
There are some circumstances which, in both countries, warrant the setting aside of obligations without C., whether made by deed or not. In England, they are void as against bona fide purchasers, by 27 Eliz. c. 4; and void as agtiinst creditors where the grantor is indebted to such creditors at the time to the extent of insolvency, by 13 Eliz. c. 5. A similar rule to the latter is established in Scotland by the net 1696, c. 5., and without proof of insolvency when the deed is granted to a near relation, or a person in a confidential situation, by 1621, c. 18. And all obligations for which the C. is illegal or immoral, are in both countries void.