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.
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing Plc
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 17 mm
Gewicht
ISBN-13
978-0-313-30652-5 (9780313306525)
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Schweitzer Klassifikation
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).
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of Preexisting Duty Rule Legislative Reform of Preexisting Duty Rule Restatement Second Position Remaining Vitality of Outdated Rule Moral Obligation Principle and Past Consideration Rule Origins of Past Consideration Rule and of Moral Obligation Principle Initial Support for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
