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.............

103b

Definitions of Pollock and Leake.....................................

103c

Reasons for preferring Leak's definition..............

103d

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

Terms on which a new promise revives a debt.........

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