ABSTRACT
This chapter deals with the issue of the enforceability of promises. It begins with a discussion of ‘deeds’ and then looks at consideration, promissory estoppel and ‘reasonable reliance’. The ‘deed’ is a way of using a particular method to record an agreement and to give it enforceability. The concept of reliance as the basis for enforceability is that it is actions, and reliance on those actions, that creates obligations, rather than an exchange of promises. The view that the element of ‘mutuality’ is the most important aspect of the doctrine of consideration is perhaps supported by the fact that the courts will not generally inquire into the ‘adequacy’ of consideration. The doctrine of consideration is one of the characteristics of classical English contract law. One of the leading English sceptics in relation to the traditional analysis of the doctrine of consideration was Professor Atiyah. Consideration is the primary basis on which promises are enforceable in English law.
