JD Next Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

A promise made without consideration generally cannot be enforced because consideration is a fundamental element of a binding contract. In contract law, consideration refers to something of value that is exchanged between the parties involved. It is often viewed as the price paid for a promise, signifying mutual assent to an agreement.

Without consideration, a promise lacks the necessary legal framework that defines enforceability in most common law jurisdictions. Certain exceptions, such as promissory estoppel, may allow a promise to be enforced to prevent unjust harm, but these are not the norm and typically require specific conditions to be met.

While some jurisdictions may have various nuances in their legal interpretations, the foundational rule remains that a promise without consideration is generally not enforceable. Therefore, understanding the role of consideration is pivotal when analyzing the enforceability of promises in contract law.