Legal Dictionary of Pakistan

past consideration

An act done or a promise given by a promisee before making a promise sought to be enforced. a Past consideration is not consideration for the new promise because it has not been given in exchange for this promise (although exceptions exist for new promises to pay debts barred by limitations or debts discharged in bankruptcy). See PREEXISTING-DUTY RULE. Cf. future consideration. "A past consideration is, in effect, no consideration at all; that is to say, it confers no benefit on the promisor, and involves no detriment to the promisee in respect of his promise. It is some act or forbearance in time past by which a man has benefited without thereby incurring any legal liability." William R. Anson, Principles of the Law of Contract 149 (Arthur L. Corbin ed., 3d Am. ed. 1919).