Found inside – Page 5802Action by promisee in reliance on gratuitous promise . In one class of cases , equity will grant specific performance of promises which the law would not , apparently , regard as enforceable for want of consideration . It is generally held that the ... Found inside – Page 228The modern law of contract does not require any formal expression of an agreement for ... and so equity will not enforce a promise just because it is in a ... Found inside – Page 519Equity will not enforce performance of a contract void at common law , but the converse of this is by no means ... and therefore specific performance will not be ordered of a gratuitous promise , even though such promise be under seal . Found inside – Page 65148 A promise made by a stranger is clearly not supported by consideration of any kind ; therefore , it can no more be enforced than any other gratuitous promise . 49 The power of an agent. 48 . Cal : McGillycuddy v . Los Verjels Land & Water ... Found inside – Page 166The terrestrial courts will not enforce the promise. ... Sometimes the equities of a case call for the enforcement of a gratuitous promise, and courts have ... Found inside – Page lxxvi... an offer could also be argued to be a gratuitous promise, rather than an offer, which would only become enforceable to ... and his minute examination would not in and of itself be deemed detrimental reliance on the gratuitous promise not to ... Found inside – Page 60to a charitable fund, for example—will not be enforced in the courts. ... Gratuitous promises can be made enforceable by incorporating them in documents under seal, which for historical reasons do not require consideration. We are not ... Found inside – Page 89This is certainly a normal result of the rules ; but we have pointed out that gratuitous promises are sometimes enforced , and that there may be good ... There will always be a need for rules determining what promises will be legally enforceable unless ( which ... For example , there is something to be said for recognizing that the reasons for not enforcing certain types of promise derive from public - policy ... Found insideThis book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. Found inside – Page 97can create legal rights and that the decision was not argued and decided on the ... would render otherwise gratuitous promises enforceable.16 A promise will ... Found inside – Page 161Historically, such promises could be made enforceable by making them under seal, ... and from an economic viewpoint even a completely gratuitous promise can ... Found inside – Page 557It is , of course , unquestionable that no action can be maintained to enforce a gratuitous promise , however worthy the object intended to be promoted . The performance of such a promise rests wholly on the will of the person making it . IIe can ... Found inside – Page 138The fear that the enforcement of such "gratuitous" promises, even though no formality has been observed, will lead to socially undesirable results is not ... Found inside – Page 190Nonetheless the courts will enforce such a promise as supported by " moral obligation . " 80 This is not an illuminating term : why should not every promise ... Found inside – Page 136I discuss Williston's jurisprudence - his beliefs that law must be justified in terms of real - world effect , that rules can have only presumptive force , and that one ... They do not enforce gratuitous promises - promises to confer a gift , for example . Found inside – Page 179Sam gave nothing to John in exchange for John ' s promise to give Sam the Sun computer . In some states , a gratuitous promise can be enforced if the party to whom the promise was made relied on the promise . Other states no longer require ... Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. Found inside – Page 15-1In fact , the law will not enforce a gratuitous promise without something more : the reason for this rule goes back far into the history and logic of the ... Found insideThe result is the same: there are no legally enforceable rights if the other ... The first type of a gratuitous transaction is the promise to make a gift ... Found insideThe fear that the enforcement of such “gratuitous” promises, even though no formality has been observed, will lead to socially undesirable results is not ... Found inside – Page 18No promise can be legally enforced be had . ... or being merely verbal , be entire , traordinary efforts during a storm . and part of it relate to a matter , reThis is a gratuitous promise , and not quired by the Statute of Frauds to be enforceable . Found inside – Page 25This is not to say that under other systems a bare and gratuitous promise can be enforced . That it cannot be is as old as the Institutes of Justinian , but other systems have a different way of reaching much the same position , looking rather for ... Found inside – Page 242To be legally enforceable, gratuitous promises will presumably need to be sensible, ... promises enforceable in principle against the promisor, but not ... Found insidedrop a lawsuit against you if you will pay me £200. The courts have long enforced such agreements, even when the litigation might have ultimately shown the ... Found inside – Page 198of a promise made as part of an exchange than a gratuitous promise. ... the public would not know which promises they can enforce and which they cannot ... Found insideProposition A [that a promise in order to be enforceable requires ... argues that the view that gratuitous promises should not be enforced because they are ... Found inside – Page 13An unexecuted gratuitous promise cannot be enforced ; but once the promisor has undertaken to act , he is liable for the ... gratuitous promise , that promise will be enforced by the court , even though there has been no consideration given for ... This fifth edition reference on contract law by Murray (law, Duquesne U.) has been updated to reflect the changes in the ever evolving field. Found inside – Page 865When the gratuitous promise is one aimed at the plaintiff ' s physical safety , contemporary authority does not seem to ... a promise to see that the plaintiff would get good title was enforceable when the plaintiff relied upon the promise and was ... What is needed, and what this book offers, is a model of the relationship between law and social norms. Found inside – Page 36The transaction fails as a gift because there is neither delivery nor the intent to make a present absolute transfer ; and equity will not enforce a gratuitous promise to make a gift 3 unless there has been a substantial change of posi1 Intent to set ... Found inside – Page 411For example , when a bidder ' s mistake has not been relied on by the other party , courts have often released the ... [ i ] f gratuitous promises were always enforced , however , people would be very cautious about making any statement that ... Found insideWith no doctrine of consideration under Japanese law, promises can be enforced as 'gratuitous contracts' (musho keiyaku) involving no counter-promise or ... Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in ... Found inside – Page 200That is to say, they are enforced not as contracts but as deeds. Together, these phenomena indicate that the enforcement of gratuitous promises under seal ... Found inside – Page 104The general rule is that gratuitous promises are not enforceable. A good example of the rule and its economic logic would be a case where a man promised to ... Found inside – Page 33It can therefore be inferred that a gratuitous promise will not result in ... For instance, a promise to subscribe to a charitable cause cannot be enforced. Found insideThe Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract. Found inside – Page 121It is only informal gratuitous promises that are not enforceable; ... and the promise will not be enforced if it would prejudice third party interests (Law ... Found inside – Page 142If the law did not enforce promises, people would have difficulty making ... that it does not tell us whether gratuitous promises should be enforced or not. Found inside – Page 288The Restatement of Torts Second 5323 expresses no opinion as to whether nonfeasance of a gratuitous promise is ... The enforcement of gratuitous promises to obtain insurance has been explained on the grounds that the promisee would ... Found inside – Page 101Adoption of the notion of psychological benefit as a basis for promise enforcement would logically extend to gratuitous promises and cause one to conclude that they , too , are given for bargained consideration . Such is not the case . § 60 . Found inside – Page 20Where a promise is given in exchange for an intended consideration , a bargain promise , it should not be enforced where that consideration fails , and no device should be provided which will foreclose the defense of failure of consideration . Found inside – Page 135The offer can be to one person or many people however , if made to many it may appear more like an invitation for an offer , especially if the ... 83 Consideration According to one author , “ every legal system distinguishes between promises that it chooses to enforce and promises that it will not enforce . ... 84 Consideration is what distinguishes enforceable promises from gratuitous promises , or gifts . Found inside – Page 1842 Accordingly, a utilitarian would apply the same standard for the enforcement of gratuitous promises as he would contracts. "Promises should not be ... 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