The New York Law Journal has just published my article Reconsidering the Recital of Consideration. You won’t be surprised to hear that after reconsidering it, I remain of the view that recitals of consideration should be terminated with extreme prejudice. Go here for a PDF version; go here for the online version, although at some point it might end up behind a paywall.
This is hardly the first time I’ve written about recitals of consideration. In addition to what’s in MSCD, there’s this 2003 article and perhaps a dozen blog posts. What prompted me to revisit the topic yet again was this 2013 post on ContractsProf blog: it made me realize that my analysis was lacking.
This reflects my general approach: I write about a topic, then I continue gnawing at it over the years, and with luck what I have to say about it gradually makes better sense.
