Promises On Prior Obligations At Common Law, Vol. 85
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...
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An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Booknews Presents an analysis of the evolution and reform of the legal principles applicable to promises on prior obligations, from their inception in 16th-century England to the American present, encompassing concepts of the preexisting duty rule and the past consideration rule. Focus is on the common law rationalization of those reforms which have partially removed the bar to enforcement of promises on prior obligations. Annotation c. by Book News, Inc., Portland, Or.
Preface1Introduction: Prior Obligations12Emergence of Preexisting Duty Rule13Origins of Rule: Pinnel's Case14Rule Reviewed: Foakes v. Beer16Justifications for Rule183Judicial Reform of Preexisting Duty Rule21Objections Raised to Rule22Common Law Reforms254Legislative Reform of Preexisting Duty Rule39Scattered Legislative Reforms39U.C.C. Rejects Preexisting Duty Rule415Restatement Second Position47Tenacious Rule Reaffirmed47Exception for Subsequent Unanticipated Event516Remaining Vitality of Outdated Rule61Comparison of U.C.C. and Restatement Second Positions61When Preexisting Duty Rule Applies Today63Possible Common Law Solutions65Conclusion: Reform of Preexisting Duty Rule687Origins of Past Consideration Rule and of Moral Obligation Principle73Origins of Past Consideration Rule: Hunt v. Bate74Emergence of Moral Obligation Principle758Initial Support for Mansfield's Ideas Squelched81Early Nineteenth Century English Support for Mansfield's Ideas81Negative Reaction Sets In87Initial American Reception Mixed939Case Precedent for Mansfield's Notion of Liability without Prior Legal Obligation97English Precedents Not Requiring Prior Legal Obligation97Void Contracts Covered10010American Promissory Restitution Supported by Consideration105Implied Previous Request106Consideration Found without Implied Request10911American Promissory Restitution Supported by Moral Obligation Alone115Independent Ground of Moral Obligation115Reasons Justifying Moral Obligation as an Independent Ground117Conclusion: Moral Obligation Principle121Notes125Tables of Cases199Table of Statutes211Subject Index215
\ BooknewsPresents an analysis of the evolution and reform of the legal principles applicable to promises on prior obligations, from their inception in 16th-century England to the American present, encompassing concepts of the preexisting duty rule and the past consideration rule. Focus is on the common law rationalization of those reforms which have partially removed the bar to enforcement of promises on prior obligations. Annotation c. by Book News, Inc., Portland, Or.\ \
