ABSTRACT

The most overtly bargain-based rule of the doctrine of consideration is that consideration must move from the promisee,54 that is, the reason for enforcing the promise must be found in the acts, omissions or words of the promisee. This, of course, envisages a bilateral relationship between the contracting parties and is very closely related to the doctrine of privity of contract, since if a person cannot show he is a party to the consideration, it is said to follow that he cannot be a party to the alleged bargain.55 As will be demonstrated in Chapter 15, there are many exceptions to the rule, both common law and (in particular) statutory.