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Promises on Prior Obligations at Common Law: Contributions in Legal Studies

Autor Kevin M. Teeven
en Limba Engleză Hardback – 26 aug 1998 – vârsta până la 17 ani
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.
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Specificații

ISBN-13: 9780313306525
ISBN-10: 0313306524
Pagini: 240
Dimensiuni: 156 x 235 x 9 mm
Greutate: 0.54 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Legal Studies

Locul publicării:New York, United States

Notă biografică

KEVIN M. TEEVEN is a Professor at Bradley University in Peoria, Illinois. His research interests include the legal history of the reform of common law contract in both the United States and Great Britain. He is author of numerous law review articles and A History of the Anglo-American Common Law of Contract (Greenwood Press, 1990).

Cuprins

PrefaceIntroduction: Prior ObligationsPreexisting Duty Rule and Its ReformEmergence of Preexisting Duty RuleJudicial Reform of Preexisting Duty RuleLegislative Reform of Preexisting Duty RuleRestatement Second PositionRemaining Vitality of Outdated RuleMoral Obligation Principle and Past Consideration RuleOrigins of Past Consideration Rule and of Moral Obligation PrincipleInitial Support for Mansfield's Ideas SquelchedCase Precedent for Mansfield's Notion of Liability Without Prior Legal ObligationAmerican Promissory Restitution Supported by ConsiderationAmerican Promissory Restitution Supported by Moral Obligation AloneNotesTable of CasesTable of StatutesIndex