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Promises on Prior Obligations at Common Law (Hardcover, New)
Loot Price: R2,856
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Promises on Prior Obligations at Common Law (Hardcover, New)
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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. 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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