17/05/16 ‘And other good and valuable consideration’

e-legal lesson

This phrase is used in consideration clauses of contracts. Sometimes it is false, as when all the legal consideration for the contract given is mentioned explicitly. The phrase should be avoided unless it serves a real function; that is, unless the rest of the items of consideration are too numerous and individually trifling to merit specific inclusion, or unless the parties to the contract do not wish to recite the true price in a publicly recorded document. The drafter of a contract should have some purpose in mind in using this phrase.