At common law, it is necessary for both parties to offer consideration before a contract can be considered binding. The doctrine of consideration is not relevant in many jurisdictions, although contemporary commercial relations have viewed the relationship between a promise and an act as a reflection of the nature of contractual considerations. If no element of consideration is found, there will be no contract. However, some courts in the United States may have problems with nominal consideration or virtually worthless consideration. Some courts have since thought it was a deception. Since contractual disputes are usually settled in a public court, some state courts have found that the mere provision of one U.S. dollar to another is not sufficiently legal and therefore there is no legal consideration in such transactions and therefore no contract is concluded. However, this is a minority position.  In return, each party must take some form of action to contribute to the validity of the treaty – or to a „change of position“ – to participate in and benefit from the treaty.
A change of position is also called a „traded exchange“ from which comes the legal definition of the counterparty. If the contracting parties have already contractually agreed, a promise to do something for which they have already concluded a contract cannot be a „fresh“ reflection. The particular word „consideration“ in contract law refers to something that has value in the eyes of the law. Contract law states that „the counterparty must move away from the promise.“ When two parties enter into a valid contract, the courts generally do not question the financial fairness of the consideration offered. The courts are only concerned with their presence and not with their fairness. The parties to the transaction must be responsible for the execution of the transaction so that the courts can maintain the transaction. For example, both parties must have reached the age of majority and be in good health. The contract must also constitute an offer and an acceptance. In general, conditional consideration is a valid consideration.
Contracts backed by a small counterparty are enforceable because courts seek consideration for a promise rather than looking at the commercial benefits of the contract. Regardless of the type of contract you enter into, you will likely hear the term „consideration.“ Indeed, in addition to the offer and acceptance, the „consideration“ is one of the essential elements of a contract. But what does this really mean? A is a screenwriter and B runs a film production company. A said to B, „Buy my script.“ B says, „What would you say – I`m going to pay you $5,000 so you don`t have your film produced by anyone within a year.