To change a contract, _________ consideration is often required.

To change a contract, _________ consideration is often required.

• A. Old
• B. Additional
• C. Greater
• D. Fresh

Answer: (D)

Modifying a contract requires fresh consideration because a change counts as a new bargain between the parties. Consideration is the value exchanged in a contract, and when you modify terms you’re asking for something new in return. If the modification merely restates the original agreement or uses the same consideration, there isn’t a new exchange to support it, so the modification often won’t be enforceable. Fresh (new) consideration ensures there is still mutual consideration behind the change. There are exceptions, like mutual rescission with a new agreement or certain goods-related modifications under the UCC, but in the typical contract-modification scenario the idea is that the change must be supported by fresh consideration. That’s why the correct word to fill the blank is fresh.

Modifying a contract requires fresh consideration because a change counts as a new bargain between the parties. Consideration is the value exchanged in a contract, and when you modify terms you’re asking for something new in return. If the modification merely restates the original agreement or uses the same consideration, there isn’t a new exchange to support it, so the modification often won’t be enforceable. Fresh (new) consideration ensures there is still mutual consideration behind the change. There are exceptions, like mutual rescission with a new agreement or certain goods-related modifications under the UCC, but in the typical contract-modification scenario the idea is that the change must be supported by fresh consideration. That’s why the correct word to fill the blank is fresh.