What is the function of the doctrine of consideration?

The idea that a contract needs consideration to be valid is so fundamental as to need no authority. The law will not enforce a gratuitous promise unless it is made by deed which has stringent formality requirements. If someone is to have legal protection for a promise they must have earned the right to protection by providing something in return for that promise. This has led to it being described as the 'price of the promise'. Andrews has argued that the law adopts a paternalistic stance and seeks to protect promisors (the person making the promise) from their rash generosity. This is a sound argument as people frequently promise to do things without actually thinking it through. If all the people who were promised things like this went to court the courts would be overwhelmed by the number of claims brought. Not to mention the potential impact on friendships and relationships. Therefore, consideration acts as a sort of sieve through which promises are filtered to reduce the number that may potentially be legally binding.

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