Business law glossary

Consideration

the exchange of value that supports a contract, such as money, goods, services, promises, or forbearance

What Consideration means

Consideration generally refers to the exchange of value that supports a contract, such as money, goods, services, promises, or forbearance. The exact effect depends on the document, governing law, facts, and defined terms.

Business example

Payment for services is a common exchange, but a promise, forbearance, release, or mutual commitment can also be part of the bargain.

Do not confuse it with

Consideration is the legal exchange supporting the bargain; it is not the same as the commercial fairness or dollar value of the deal.

What to check in the file

  • Identify what each party gives or promises.
  • Check whether a later amendment states new consideration.
  • Review releases, guarantees, options, and settlement terms carefully.
  • Confirm state-law treatment when enforceability is disputed.

Sources to verify

Start with the linked authority, then check the governing document and the current agency, court, or state source that applies to the situation.

Before sharing records

  • Keep originals in a controlled file and review a clearly dated working copy.
  • Redact sensitive data unless the recipient is authorized and needs it.
  • Label each document with its date, parties, version, jurisdiction, and status.
  • Ask one focused question and identify the desired business outcome.