ause, something to be
gained by the parties in every contract to sustain it. If A should
promise to give to B a house next week, and on the day fixed for
transferring it A should change his mind, he could not be compelled to
transfer it, for the promise would be without any consideration or
thing coming from B. But if the house had been transferred, A could
not afterwards repent of his act and demand its return. An executed
gift therefore, free from all fraudulent surroundings, is valid: the
donor of an executory gift is free to withhold its execution.
A consideration need bear no relation or adequacy to the other thing
that is to be received. Nothing is more frequent than a one-sided
contract, in which one party has gained far more than the other. If
the law attempted to adjust these cases, many more courts would be
needed than now exist.
We will briefly note the need of consideration in some classes of
cases. First, a voluntary undertaking to work for another without
compensation cannot be enforced. Under this head is the promise to pay
the debt of another. Why should one do such a thing? Let us remember
that should one make such a promise and keep it, the money could not
be recovered back, that is quite another thing. Again, if A owed B a
debt and delayed payment, and B should say to him, "if you will pay me
half of it next week I will give up the rest," B would not be bound
by his promise. Suppose that B learning that A had ample means to pay,
should sue him, A could not relieve himself from liability by offering
to pay the amount A promised to take in settlement of the debt. But
should B accept one half, in fulfillment of his promise, that would be
the end of the matter.
Again should a bank defaulter make good the amount taken, and the
directors, in consideration thereof, promise to take no steps towards
his prosecution by the government, there would be no valid
consideration to sustain the promise. The state would be just as free
to prosecute him as before. Very often such criminals are not
prosecuted after returning all or a part of their unlawfully taken
money, nevertheless no settlement of this kind stands in the way of
prosecution.
Suppose A agreed to work for B for a month and, after working a week,
should leave him without good reason, can he recover for his week's
work? If he can get anything, he cannot claim it under his contract
for he has broken it and therefore a court could not enforce it. If
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