§ 1606 Promise Consideration Basis

Civil Code·California

AI SummaryVerified

This law says that a promise can be supported by an existing duty, a moral duty, or a benefit/pain that someone already has, and the promise must match the size of that duty or benefit.

Key Takeaways

•A promise can be backed by an existing legal or moral duty.
•The promise must be proportional to the duty or benefit involved.
•Only the amount that matches the duty counts as valid consideration.

Example

A person promises to pay their neighbor $50 to fix a fence that the neighbor already legally had to maintain.

Because the neighbor already had a legal duty to keep the fence in good shape, the promise to pay $50 is valid consideration as long as the payment matches the duty.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1606 Promise Consideration Basis

An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

legal obligation moral obligation consideration promisor promisee

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1606.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References