JD Next Practice Exam

In contract law, what can often indicate a lack of enforceability?

1. Absence of mutual consent

2. Failure to put a promise in writing

3. Unconditional promises made without consideration

4. Promises that are vague and unclear

The correct answer is: Unconditional promises made without consideration

In contract law, a critical element of enforceability is the presence of consideration, which refers to something of value that is exchanged between the parties involved. Unconditional promises made without consideration do not have a binding legal effect because they lack the essential element that creates a legal obligation. In essence, for a contract to be enforceable, there must be a mutual exchange where both parties provide something of value. When one party makes an unconditional promise without receiving anything in return, it typically signals that there is no binding agreement, making the contract unenforceable. While other factors such as the absence of mutual consent, the need for writing in specific situations, and the clarity of promises can contribute to an enforceability issue, the absence of consideration directly undermines the foundational structure of a contract. Thus, the reliance on consideration as a necessary component explains why unconditional promises made without it often indicate a lack of enforceability.