Promises on Prior Obligations at Common Law

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Kevin M. Teeven

Book Code: GM0652

ISBN: 0-313-30652-4

ISBN-13: 978-0-313-30652-5

DOI:

240 pages, tables

Greenwood Press

Publication: 8/30/1998

List Price: $131.95 (UK Sterling Price: £75.00)

Availability: Out of stock

Media Type: Hardcover

Trim Size: 6 1/8 x 9 1/4

Subjects:

Series Title: Contributions in Legal Studies

Series Number: 85

Description: An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.

Table of Contents:

Preface
Introduction: Prior Obligations
Preexisting Duty Rule and Its Reform
Emergence of Preexisting Duty Rule
Judicial Reform of Preexisting Duty Rule
Legislative Reform of Preexisting Duty Rule
Restatement Second Position
Remaining Vitality of Outdated Rule
Moral Obligation Principle and Past Consideration Rule
Origins of Past Consideration Rule and of Moral Obligation Principle
Initial Support for Mansfield's Ideas Squelched
Case Precedent for Mansfield's Notion of Liability Without Prior Legal Obligation
American Promissory Restitution Supported by Consideration
American Promissory Restitution Supported by Moral Obligation Alone
Notes
Table of Cases
Table of Statutes
Index

LC Card Number: 97-53289

LCC Class: KF807

Dewey Class: 346


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