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Consideration and Enforceable Promises

·

By

ACL

The short answer

A promise is generally enforceable only if each side gives something of value in exchange, called consideration. The rule matters most when a contract is changed or a promise is one-sided.

Where it fits in your case

When one side argues a promise or modification is unenforceable.

What to expect

  • Existing duties. Promising to do what you already owed usually is not new consideration.

  • Past work. A promise to pay for work already done is often unenforceable on its own.

  • Illusory promises. If one party can walk away at will, the deal may lack consideration.

  • Goods contracts. Under the UCC, good-faith modifications need no new consideration.

What we need from you

The original contract, any changes, and evidence of what each side gave or gave up.

Common misconceptions

  • “Any written promise is binding.” It usually needs consideration.

  • “A small change needs no paperwork.” Changes can create enforceability disputes.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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