,CONSIDERATION (L. Latin, consi deratio). The material cause which moves a contracting party to enter into a contract. 2 Blackstone, Comm. 443.
The price, motive, or matter of inducement to a oontract,—whether it be the compensa tion which is paid, or the inconvenience which is suffered by the party from whom it proceeds. A compensation or equivalent. A cause or occasion meritorious, requiring mutual recompense in deed or in law. Viner, Abr. Consideration (A).
Concurrent considerations are those which arise at the same time or where the promises are simultaneous.
Continuing considerations are those which are executed only in part.
Equitable considerations are moral consi derations.
Executed considerations are those done or received before the obligor made the promise.
Executory considerations are those by which it is undertaken to do something at a future time Good considerations are those of blood, natural love or affection, and the like.
Motives of natural duty, generosity, and pru dence oome under this Blase. 2 Johns. N. Y. 52; 7 id. 26; 10 id. 293; 2 Bail. So. C. 5:38 ; 1 M'Cord, So. C.504; 2 Leigh, Va. 337 ; 20 Vt. 595; 19 Penn. St, 248; 1 Carr. & P. 401. The term is sometimes used in the sense of a. consideration valid in point of law; and it then includes a valuable as well as a meritorious consideration. 3 Crunch, 140; 2 Aik. 601; 24 N. H. 302; 2 Madd. Ch. 430; 3 Coke, 81 ; Ambl. 598; 1 Ed. Ch. 167; Newland, Contr. 386; Atherby, Marriage Sett. p. 191. Generally, how ever, good is opposed to valuable.
° Gratuitous considerations are those which are not founded on such a deprivation or in jury to the promisee as to make the consider ation valid at law. 2 Mich. 381.
Illegal considerations are agreements to do things in contravention of the common or of statute law.
Impossible considerations are those which cannot be performed.
Moral considerations are such as are suffi cient to support an executed contract. Valuable considerations are those which confer some benefit upon the party by whom the promise is made, or upon a third party at his instance or request ; or some detriment sustained, at the instance of the party pro mising, by the party in whose favor the pro mise is made. Chitty, Contr.7 ; Doct. & Stud. 179; 1 Selwyn, Nisi P. 39, 40; 2 Pet. 182; 5 Cranch, 142, 150 ; 1 Litt. Ky. 183; 3 Johns. N. Y.i 100 ; 14 id. 466; 8 N.Y. 207 ; 6 Mass.
58 ; 2 Bibb, Ky. 30. 2 J. J. Marsh. Ky. 222; 2 N. H. 97 ; Wright, Ohio, 660; 5 Watts & S. Penn. 427 ; 13 Serg. & R. Penn. 29 ; 12 Ga. 52 ; 24 Miss. 9; 4 Ill. 33 ; 5 Humphr. Tenn. 19 ; 4 Blackf. Ind. 388 ; 3 C. B. 321 ; 4 East, 55.
A valuable consideration is usually in some way pecuniary, or convertible into money; and a very slight consideration,' provided it be valuable end free from fraud, will eupieort a contract. 2 How. 426; 1 Mete. Maee, 84; 12 Mass. 365; 12 Vt. 259; 23 id. 532; 29 Abe. x. s. 188; 20 Penn. St. 803; 22 N. 1:1. 346 ; 11 Ad. & E. 983; 6 id. 438, 456 ; 16 East, 372 ; 9 Ves. Oh. 246; 2 Crumpt. & M. Exch. 623; Ambl. Ch. 13; 2 Schoales & L. Ch. Ir. 395, n. a; 3 Anstr. Exch. 732. These valuable considers, .tions are divided by the civilians into four classes, which are gives, with liberal translations.: —Do ut dee (I give that you may give), Facia at facies (I do that you may do), Facie in dee (I do that you may give), Do aft facial (I give that you may do).
2. Consideration is the very life and es sence of a contract ; and a contract or pro mise for which there is no consideration can not be enforced at law : such a promise is called a nudum pactum (ex nudo pacto non oritur actio), or nude pact; because a gratui tous promise to do or pay any thing on the one side, without any compensation on the other, could only be enforced, in the Roman law, when made (or clothed) with proper words or formalities,—pactum verbis pre scriptis vestitum. 7 Watts & S. Penn. 317 ; Plowd. 308 ; Smith, Lead. C£1.8. 456 ; Doctor & Stud. 2, o. 24 ; 3 Cali, Va. 439 ; 7 Conn. 57 ; 1 Stew. 51 ; 5 Mass. 301 ; 4 Johns. N. Y. 235 ; 6 Yerg. Tenn. 418 ; Cooke, Tenn. 467; 6 Halst. N.J. 174 ; 4 Munf. Va. 95 ; 11 Md. 281 ; 25 Miss. 66 ; 30 Mc. 412 ; Year B. 17 Edw. IV. 4, pl. 4 ; 3 Hen. Vl. 36, pl. 33 ; Brooke, Abr. Action sur le Case, 40; Vinnius, Comm. de Inst. lib. 3, de verborum obligationibus, tit. 16, p. 677 ; Cod. lib. 7, tit. 52. This so lemnity had much the force of our seal, which imports consideration, as it is said, meaning that the formality implies consideration in its ordinary • sense, i.e. deliberation, caution, and fulness of assent. 3 Bingh. 111; 7 Term, 477; 3 Burr. 1639; 4 Md. Ch. Dec. 176 ; 35 Me. 260, 491 ; 42 id. 322 ; 25 Miss. 86.