4.1-5 Invalidity of Past Consideration
Revised to January 1, 2008
The defendant claims that
the contract is not enforceable because it is based on past
consideration. Past consideration is not valid consideration. The
plaintiff's promise to do something which (he/she/it) was already
bound by (his/her/its) prior contract to do is past consideration.
Past consideration is not sufficient to support an additional
promise by the defendant. If you find that the plaintiff was
already bound by (his/her/its) prior contract with the defendant to
do <describe obligation>, then there can be no consideration
for the contract at issue because the defendant would receive
nothing more than that to which (he/she/it) is already entitled and
the plaintiff has given nothing that (he/she/it) was not already
under legal obligation to give.