Is the Doctrine of Consideration Senseless and Illogical

Authors

Henry Winthrop Ballantine, University of Montana

Abstract

In a recent article Dean ASHLEY, a distinguished authority on contracts, takes the somewhat paradoxical position of being at the same time counsel for the defense and also prosecutor of the doctrine of consideration. While defending it against various relaxations and modifications which have been suggested to accomplish more rational and just results, which he denounces as subterfuge and unwarranted usurpation of legislative power by the courts, he also, as it were, saws off the branch he is sitting on, by contending that the time has now come, either for the courts themselves to overrule the entire doctrine, or for the legislature to act and by a brief statute declare that the doctrine of consideration is hereby abolished.'

Recommended Citation

Henry W. Ballantine, Is the Doctrine of Consideration Senseless and Illogical, 11 Mich. L. Rev. 423 (1913).
Available at: https://repository.law.umich.edu/mlr/vol11/iss6/1