Consideration is the price paid for a promise. Under Ugandan law (following English common law), a contract without consideration is generally unenforceable unless it is under seal.
Contracts Act 2010, Section 2(d)
Defined consideration as some right, interest, profit, or benefit accruing to one party, or some detriment suffered by the other.
Established the doctrine of promissory estoppel as a shield against strict enforcement of contractual rights.
When a client wants to vary a contract, ensure there is fresh consideration for the variation — otherwise the variation may be unenforceable.
The distinction between sufficiency and adequacy of consideration is commonly tested. Courts will not inquire into the adequacy of consideration (Thomas v Thomas) but it must have some value in the eyes of the law.
