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This paper addresses the paradox of the consideration doctrine in contract law, questioning why only promises backed by consideration are enforced while the adequacy of that consideration is not scrutinized. The authors propose that social norms against commodification limit the ability to invoke consideration, suggesting that the law should focus on whether parties desire the option for legal enforcement rather than merely their expressed intentions. Ultimately, they argue for a re-evaluation of the consid

Author

Anders Yuen

Language

EN