DIFFERENTIATED BETWEEN EXECUTED CONSIDERATION AND PAST CONSIDERATION Consideration is one of the three main constituent elements of a contract in English contract law and is the exchange of benefits and disadvantages, for example the formulation of a promised in exchange for an act or may be something of value such as a good or service that each party to a legally binding contract must agree to exchange for the contract to be valid. If only one party offers consideration, the agreement is not legally a binding contract. In its traditional form, consideration is expressed as the requirement that, for the parties to be able to enforce a promise, they must have given something in return (quid pro quo): something must be given or promised in return or in exchange for the promise. A contract must be "satisfied" or "supported by" consideration to be enforceable; furthermore, only the person who provided consideration can enforce a contract. In other words, if an agreement consists of a promise not supported by consideration, then the agreement is not a legally enforceable contract. CONSIDERATION EXECUTED When a promise is made in exchange for an act, when that act is performed, it is paid as performed. for example when you go to a bakery and ask the baker to make you a birthday cake and pay for his services in advance, then we can call the payment Consideration made for the baker's promise to make the cake. PAST CONSIDERATION If one party acts voluntarily and then the other party makes a promise, the act is said to be "beyond consideration" because the act has already been performed and was not made in exchange for the promise. For example, Korir gives Boit a ride to the market and brings him home. When Korir delivers Boit to his house, Boit promises to give Korir money to buy a new hoop. Korir cannot sue Boit to enforce Boit's promise since the consideration (Korir's act of giving Boit a ride) occurred before Boit's promise. Korir gave the pass to Boit without expecting anything in return. (Korir did not give Boit a ride in exchange for Boit giving Korir money, so past consideration has no effect on consideration. For example, in Eastwood v Kenyon, the guardian of a young girl asked for a loan to educate the girl and improve her marital prospects After marriage, the husband promised to settle the loan It was held that the guardian could not enforce the promise as the loan to bring up and educate the girl had not been taken into account. , because it had been completed before her husband promised to repay it.