Past Consideration

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the transaction involved a past consideration, and failed to satisfy the legal requirement of consideration.

Analysis

R: Traditionally, past actions are not treated as consideration for a promise, as they are not part of a bargained-for exchange. However, under the modern material benefit rule, a promise made in acknowledgment of a past benefit can be enforceable if (1) the promisee conferred a substantial benefit on the promisor (2) without donative intent and (3) enforcing the promise is necessary to prevent injustice. This enforceability does not apply if enforcing the promise would be disproportionate to the benefit received.

A: Here, [apply rule to facts].

Conclusion

C: Therefore, the transaction [involved/did not involve] past consideration and [satisfies/does not satisfy] the legal requirement of consideration.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

Questions or comments? Reach out at [email protected].