Past consideration is enforceable if

• A. The past consideration is promised to be given in the future
• B. The past consideration is expressed in the writing and signed by the bound party
• C. Past consideration is never enforceable
• D. Past consideration requires a new consideration to be effective

Answer: (B)

Past consideration is generally not enforceable because a promise must be bargained-for in exchange for something the other party has done or promised at the time. The only real exception is when the past act is acknowledged in a written, signed promise by the party against whom enforcement is sought. That signed writing provides clear evidence of the obligation and the promisor’s assent to compensate for the past act, making the promise enforceable despite the act occurring before the promise. So, the best answer is that past consideration is enforceable if it is expressed in a writing and signed by the bound party. The other options fail because promising to pay for something in the future doesn’t address the lack of a bargain at the time of the past act, there are exceptions to the general rule, and requiring a new consideration isn’t the specific mechanism for this scenario.