This section is from the book "The Law Of Contracts", by Samuel Williston. Also available from Amazon: Treatise on the Law of Contracts.
History of the law of consideration.............. | 99 |
Differing modern tests of consideration............. | 100 |
Distinction between actual consideration and valid consideration.............. | 101 |
Definition of valid consideration in unilateral contracts............ | 102 |
Technical meaning of benefit and detriment.................. | 102a |
Application to bilateral contracts of the definition of consideration in unilateral contracts................................................. | 103 |
A distinct principle is necessary to explain bilateral contracts............ | 103a |
Ames' theory of consideration............. | |
Definitions of Pollock and Leake..................................... | 103c |
Reasons for preferring Leak's definition.............. | |
Promises which are not binding are insufficient consideration.............. | 103e |
Final definition of valid consideration in bilateral contracts............... | 103f |
A promise which by its terms may be performed without detriment to the promisor or benefit to the promisee is insufficient consideration......... | 104 |
A bilateral agreement may be valid though one parly may avoid the agreement or avoid performance of his own promise....................... | 105 |
An insufficient bilateral agreement may sometimes by performance on one side become a valid unilateral contract................ | 106 |
Written as well as oral promises need consideration............... | 107 |
The promises in negotiable paper require consideration between a promisor and his immediate promisee........................................ | 108 |
Agreements under seal need no consideration........................... | 109 |
Good consideration and valuable consideration............................. | 110 |
Consideration distinguished from motive.................. | 111 |
Consideration distinguished from condition................. | 112 |
To whom the consideration must move............ | 113 |
From whom the consideration must move.............................. | 114 |
Adequacy of consideration........................................... | 115 |
Rectial of consideration in sealed instruments...................... | 115a |
Rectial of consideration in unsealed written agreements............ | 115b |
Charitable subscriptions................. | 116 |
Subscriptions for business purposes................................... | 117 |
Subscriptions to stock in corporations................................. | 118 |
A promise contingent on an unknown past event invalid consideration....... | 119 |
Payment or promise of payment of a debt is not valid consideration........... | 120 |
Payment or security differing in time, medium, place, from the debtor's legal obligation is valid consideration..................... | 121 |
Mutual promises to extend an interest bearing debt, are sufficient consideration for each other................. | 122 |
Promise of payment or payment of pert of a debt by one joist debtor as consideration ........................................................ | 123 |
Payment of a portion of a debt with negotiable instrument............... | 124 |
Payment of debt by a third person................ | 125 |
Composition agreements with several creditors are supported by sufficient consideration............. | 126 |
When payment of principal in full discharges interest also............... | 127 |
Any payment received in full satisfaction of an unliquidated or disputed claim is valid consideration............... | 128 |
Payment of so much of an unliquidated or disputed claim as is admittedly due, is valid consideration................. | 129 |
Performance, or promise to perform any obligation previously existing under contract with the promisee is not valid consideration.................... | 130 |
Unsoundness of arguments sustaining such agreements.................. | 130a |
Whether performance or promise to perform a contractual duty previously undertaken with a third person is valid consideration................... | 131 |
The defendant should be liable if the consideration is beneficial to him....... | 131a |
Analogous distinguishable cases.................. | 131b |
Performance or promise of performance of a duty imposed by law is not valid consideration .............. | 132 |
Performance or promise of performance of an act which the law holds the promisee bound to do, is not valid consideration though the law provides no means for the enforcement of the legal duty.......................... | 133 |
Consideration void in part........................................... | 134 |
Forbearance or promise of forbearance as consideration.................. | 135 |
Construction of agreements to forbear................ | 136 |
Assignment of a supposed right, as consideration.............. | 137 |
Gratutious undertakings..................... | 138 |
Estoppel as a substitute for consideration.............................. | 139 |
Mutuality................... | 140 |
One consideration may support several promises............... | 141 |
Past or executed consideration...................... | 142 |
Promises to pay precedent debts...................................... | 143 |
Promises in consideration of an act previously done at the request of the promisor................ | 144 |
Some jurisdictions in the United States deny validity to a promise in consideration of an act previously requested............................. | 145 |
Other jurisdictions in the United States allow validity to a promise in consideration of an act previously requested................... | 146 |
Promises in consideration of moral obligation ................ | 147 |
A previous moral obligation is generally held an insufficient consideration in the United States................................................. | 148 |
In a few states the doctrine of moral obligation is still recognised......... | 149 |
Promises to rectify mistakes, or previous illegal transactions.............. | 150 |
Ratification by an adult of a contract made during infancy........... | 151 |
What amounts to ratification........... | 162 |
Admisson of liability or part payment is insufficient to terminate the right to avoid an obligation for infancy................................... | 153 |
Ratification of an infant's contract may be conditional or partial......... | 154 |
Ratification of a contract made during insanity.......................... | 155 |
Promise by a widow to perform an agreement made during coverture...... | 168 |
Promise by a discharged surety.......... | 157 |
Promise by a discharged bankrupt.......... | |
Promise to pay a debt voluntarily released............................. | 159 |
Promise to pay debt barred by statute of limitations-early law............. | 160 |
Any adminission was at one time beld sufficient.......... | 161 |
Modern rule as to revival of indebtedness............... | 162 |
A new promise or acknowledgment is sufficient whether made before or after the statute has already run............ | 163 |
Necessity of a writing............ | 194 |
The indebtedness to which a new promise or acknowledgment relates must be certainly defined.............. | 165 |
An unqualified acknowledgment of a debt implies a promise to pay it........ | 166 |
An admission of indebtedness though implying no promise to pay is still sufficiant in some jurisdictions.......... | 167 |
Acknowledgments qualified by refusal or statement of inability to pay....... | 168 |
Acknowledgment coupled with claim of set-off or reduction.............. | 169 |
An unqualified acknowledgment made under circumstances showing no intention to pay.................................................... | 170 |
Illustrations of sufficient acknowledgement............ | 171 |
Illustrations of insufficient acknowledgment............ | 172 |
Giving security is an effective acknowledgment......................... | 173 |
Partial payment amounts to an acknowledgment....................... | 174 |
Partial payment amounts to an acknowldgment........... | 175 |
Partial payment must be voluntary................. | 176 |
Partial payment derived from sale of collateral............ | 177 |
Application of paymente to barred debts.............. | 178 |
conditional promises................ | 179 |
When a conditional new promise needs acceptance...................... | 180 |
New promise to pay when a debtor is able or on other conditions.......... | 181 |
A new promise to pay when a debtor is able or on other conditions........ | 182 |
Promises not to plead the Statute of limitations........................ | 183 |
Promises without consideration not to plead the Statute of limitations...... | 184 |
185 | |
A new promise cannot revive liability in tort........... | 186 |
Whether a new promise can revive a Lability on a specialty.............. | 187 |
Whether a new promise can revive an unliquidated contractual obligation......... | 188 |
To whom a new promise must be made................................ | 189 |
By whom a new promise may be made................................ | 190 |
New promise or part payment by a joint obligor......... | 191 |
New promise or part payment by a partner............ | 192 |
Effect of a new promise or part payment by a principal debtor or a surety upon the liabililty of the other......... | 193 |
New promise or part payment made by a fiduciary......... | 194 |
New promise or part payment made by a surety.............. | 195 |
Whether the creditor should sue on the original indebtedness or on the new promise........... | 196 |
New promise after action brought............ | 197 |
A new promise made on Sunday, or by an insolvent..................... | 198 |
A new promise based on a previous agreement within the Statute of Frauds... | 199 |
Ratificataion and adoption............ | 200 |
Explanation of anomalous cases when transactions are enforced without present consideration............ | 201 |
Revival of debts barred by some positive rule of law.............. | 202 |
Waiver............... | 203 |
Defeasible defences............. | 204 |
 
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