ENGLISH FOR LAWYERS: What is the hardest legal term you’ve had to explain in English?

For many lawyers and legal English trainers, the “hardest term” is not necessarily the most obscure Latin phrase, but the one that looks deceptively simple and yet refuses to make sense to non‑lawyers. One strong contender is the idea of “consideration” in contract law.

In everyday English, “consideration” means politeness or thoughtfulness: “Thank you for your consideration.” In contract law, it means something completely different: the bargained-for exchange that makes a promise legally binding.

When explaining this to learners, the difficulty usually comes from three angles:

It is an ordinary word with a technical meaning, so learners think they understand it but actually don’t.

There is no perfect one-word equivalent in many languages, so direct translation fails.

The concept is abstract: it is not just “payment” or “money”, but anything of value exchanged (a service, a promise, a right, an act, or even not doing something you have the right to do).

To make the term stick, it helps to move away from definitions and into simple stories.

Example 1:

A promises to give B a car as a gift next month.

B does nothing in return.

In common law, this is usually not an enforceable contract, because B has given no consideration. It is just a promise to make a gift.

Example 2:

A promises to give B a car next month.

B promises to pay 5,000 euros.

Now there is consideration on both sides: A’s car for B’s money. This is an enforceable contract (assuming other elements are met).

Example 3:

A says: “If you stop smoking for one year, I will pay you 1,000 euros.”

B actually stops smoking for a year.

Here, B’s self‑restraint (giving up a legal freedom) can be consideration. It shows that consideration is not only money or physical things, but any legal “value” exchanged.

These kinds of examples help learners see that consideration is about exchange: each party gives or promises something the law recognizes as value.

What makes “consideration” especially challenging for non‑native speakers is that it forces them to adjust their mental model of what a “contract” is. Many learners come from legal systems where:

The focus is on form (for example, the contract must be in writing or notarized).

Or the focus is mainly on serious intention and cause/reason, not on this specific idea of exchange.

So when they meet “consideration,” they are not only learning a new word, but also adapting to a different philosophy of obligations: a contract is based on a bargain, not just on a serious promise.

As a result, explaining “consideration” often turns into a broader discussion about:

Why a purely free promise is generally not enforceable.

Why courts care that both sides give something up.

How this differs from civil law concepts like “cause” or “legal basis”.

We will cover all of these topics in upcoming articles. Stay tuned!

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