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Cover Art
Author Teeven, Kevin M.

Title Promises on prior obligations at common law / Kevin M. Teeven.

Published Westport, Conn. : Greenwood Press, 1998.


Location Call No. Status
 UniM Bail  346.7302 TEEV    AVAILABLE
Physical description xi, 221 pages ; 25 cm.
Series Contributions in legal studies, 0147-1074 ; no. 85.
Contributions in legal studies ; no. 85.
Bibliography Includes bibliographical references and index.
Contents 1. Introduction: Prior Obligations -- 2. Emergence of Preexisting Duty Rule. Origins of Rule: Pinnel's Case. Rule Reviewed: Foakes v. Beer. Justifications for Rule -- 3. Judicial Reform of Preexisting Duty Rule. Objections Raised to Rule. Common Law Reforms -- 4. Legislative Reform of Preexisting Duty Rule. Scattered Legislative Reforms. U.C.C. Rejects Preexisting Duty Rule -- 5. Restatement Second Position. Tenacious Rule Reaffirmed. Exception for Subsequent Unanticipated Event -- 6. Remaining Vitality of Outdated Rule. Comparison of U.C.C. and Restatement Second Positions. When Preexisting Duty Rule Applies Today. Possible Common Law Solutions. Conclusion: Reform of Preexisting Duty Rule -- 7. Origins of Past Consideration Rule and of Moral Obligation Principle. Origins of Past Consideration Rule: Hunt v. Bate. Emergence of Moral Obligation Principle -- 8. Initial Support for Mansfield's Ideas Squelched. Early Nineteenth Century English Support for Mansfield's Ideas.
Negative Reaction Sets In. Initial American Reception Mixed -- 9. Case Precedent for Mansfield's Notion of Liability without Prior Legal Obligation. English Precedents Not Requiring Prior Legal Obligation. Void Contracts Covered -- 10. American Promissory Restitution Supported by Consideration. Implied Previous Request. Consideration Found without Implied Request -- 11. American Promissory Restitution Supported by Moral Obligation Alone. Independent Ground of Moral Obligation. Reasons Justifying Moral Obligation as an Independent Ground. Conclusion: Moral Obligation Principle -- Tables of Cases -- Table of Statutes.
Summary An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule.
Subject Consideration (Law) -- United States.
Promise (Law) -- United States.
Obligations (Law) -- United States.
ISBN 0313306524 (acid-free paper)