Ariz. Rev. Stat. » Title 44
Arizona Revised Statutes

Ariz. Rev. Stat. § 44-121 (2026)

Contracts in writing; consideration

✓ current as of May 2026
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Every contract in writing imports a consideration.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1966–2026 · leading case: Best Choice Fund, LLC v. Low & Childers, P.C., 269 P.3d 678 (Ariz. Ct. App. 2012).
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Best Choice Fund, LLC v. Low & Childers, P.C., 269 P.3d 678 (Ariz. Ct. App. 2012). · cites it 2× “A.R.S. § 44-121 (2003) (“Every contract in writing imports a consideration.”
Flory v. Silvercrest Indus., Inc., 633 P.2d 383 (Ariz. 1981). · cites it 2× “Plaintiffs may be able to show consideration from the terms of the contract or by reliance on a presumption of consideration pursuant to A.R.S. § 44-121. If the “Manufacturer’s Warranty” quoted above is an enforceable contract and if Silvercrest failed to perform according to…”
Brand v. Elledge, 419 P.2d 531 (Ariz. 1966). · cites it 2× “The only corroboration of the payment of this $5,000 was testimony by her own bartender who stated he saw defendant give plaintiff some money and plaintiff gave the defendant some papers.”
Hill v. Chubb Life Am. Ins., 894 P.2d 701 (Ariz. 1995). · cites it 2× “Chubb has its reasons for this promise, and it is obvious that such a promise by a disability carrier could be an important factor to the consumer. See 12A Appleman § 7237. Nor can we say this was merely a gratuitous promise.”
Best W. Int'l Inc. v. Twin City Lodging LLC (D. Ariz. 2019). · cites it 2× “Ariz. Rev. Stat. Ann. § 44-121 (stating “[e]very contract in writing imports 27 a consideration.”
Alvarez v. CSAA Gen. Ins. Co. (D. Ariz. 2025). · cites it 2× “3d at 689 (citing A.R.S. § 44-121 (“Every contract in writing imports a 26 consideration.”
Lisa A Nutt v. Nationwide Ins. Co. of Am. (D. Ariz. 2026). · cites it 2× “3d at 689 (citing A.R.S. § 44-121). But 3 “[t]he settlement of a bona fide dispute” is sufficient consideration only “if it is made fairly 4 and in good faith.”
Sullivan v. Homes (Ariz. Ct. App. 2014). · cites it 2× “” A.R.S. § 44-121 (2013). “Failure of consideration is an affirmative defense and the burden 4 SULLIVAN v.”
Hitching Post Lodge, Inc. v. Kerwin, 412 P.2d 91 (Ariz. Ct. App. 1966). “Every instrument in writing imports a consideration, A.R.S. 44-121. And, every negotiable instrument is deemed prima facie to have been issued for a valuable consideration.”
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