question archive Courts generally will not consider the adequacy of consideration

Courts generally will not consider the adequacy of consideration

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Courts generally will not consider the adequacy of consideration.  Reviewing Case 10-2 in our textbook (page 220), the court had to consider whether $1 plus love and affection is adequate consideration.  It ruled that, “Any consideration, however small, will support a promise.  In the absence of fraud, the courts will not undertake to regulate the amount of the consideration.  The parties are left to contract for themselves, taking for granted that the consideration is one value in the eyes of the law.”  Is this the proper result?  Should courts consider the adequacy of consideration?  Why, or why not?

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