Business Law and the Legal Environment 7th Edition by Jeffrey Beatty,Susan Samuelson

تمرين 16

Apply the following material to the next two questions.
Some view consideration as a technicality that allows people to make promises and then back out of them. Perhaps all promises should be enforced. In Japan, for example, promises to give gifts are enforceable without consideration.13
In the United States, if I promise to give you a gift merely because I feel like being nice, I can freely change my mind as far as contract law is concerned. A court will not make me follow through because there is no consideration.
In Japan, I would be obligated to buy the gift if all other elements of a contract were present-an offer, an acceptance, and so forth.
The consideration doctrine is controversial. Critics argue that it is a remnant of a bygone era, lacking any reasonable modern purpose and that it undermines the purpose of contract law, which is to enforce the intention of the parties to an agreement. Should consideration be abolished?