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#constitution #equity #law
Common law and equity have different approaches to the question of consideration.
  1. Both at law and in equity, money or money’s worth is consideration.
  2. At law, a covenant, i.e. a promise in a deed (previously referred to as a promise under seal) is binding without the need for consideration. Equity does not recognise covenants as consideration (see below).
  3. In equity, but not at law, marriage may be consideration. Marriage consideration arises in relation to marriage settlements. To be a marriage settlement, it must be in consideration of the marriage (i.e. in return for the marriage taking place) and should precede or be contemporaneous with the marriage. If made after the marriage, it will only be a marriage settlement if made pursuant to an ante-nuptial contract.
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