Abstract:
The doctrine of consideration in contract law serves as an absolute “formula of denial” to the enforceability of otherwise legally binding agreements today. In this article, the justifications offered in defence of the doctrine will be thoroughly investigated, but each will eventually be found wanting. A study of the civilian legal system will also cast doubt on the necessity of the doctrine in contract formation. This author proposes that the Singapore judiciary abolish the doctrine, but retain the notion of “reciprocity” or “bargain” to serve as an evidentiary presumption for the intention to create legal relations – the “marrow of contractual relationships” indeed.