JD Next Practice Exam

If a promise is made without any exchange of consideration, what is its enforceability generally?

1. It is always enforceable

2. It may be enforced in some exceptional cases

3. It cannot be enforced

4. It depends on the jurisdiction's laws

The correct answer is: It cannot be enforced

In contract law, consideration refers to something of value that is exchanged between parties, which is essential for a promise to be enforceable. A promise made without consideration typically lacks the necessary element to form a legally binding contract. Therefore, in most circumstances, these types of promises are not enforceable in a court of law. However, there are some exceptional cases where a promise may be enforced even without consideration, such as in the case of promissory estoppel or if the promise is made in writing and signed. These exceptions highlight that while general rules apply, specific circumstances may lead to different outcomes. The reasoning behind the answer emphasizes that without the presence of consideration, the promise does not create a legal obligation for the promisor, making it unenforceable in the vast majority of cases. This foundational principle is essential for understanding contract law and the importance of consideration in forming valid contracts.