ABSTRACT
English contract law uses two main tests of enforceability: 'deeds', and 'consideration'. 'Consideration' is a technical concept that involves finding an element of mutuality, or exchange, in the agreement – each side must bring something to the bargain. If this is present, then an agreement will generally be enforceable. The main method by which agreements are found to be enforceable under English law is through the finding of 'consideration'. This means that both parties must bring something to the bargain. In the first place, an executory bilateral contract is and has for centuries been enforceable by the courts, although neither benefit nor detriment usually arises until the contract has been at least partly performed. It is of course true that once the law has begun to enforce bilateral executory contracts, the mere giving and receipt of the promises may be said to involve a benefit and detriment because they are legally enforceable.
