teju2000
12-12-07, 05:06 AM
Facts:
As an infant, Sarah Sutcliffe became the heiress of an estate. The plaintiff Eastwood acted as her guardian. Eastwood borrowed money to pay for her education, living expenses, the estate, etc. When Sarah came of age, she promised to pay back the plaintiff the amount of money that he had borrowed for her sake. She did in fact pay one year's interest on the debt. Sarah married the defendant Kenyon who also promised Eastwood that he would pay back the debt. Neither Sarah or her husband Kenyon ever paid Eastwood back for the debt. He sued the defendant on his promise to repay the debt.
Issue: Is a moral obligation to keep a promise a binding contact?
Holding: For the defendant. There was no consideration for the promise so no contract.
Ratio: A moral obligation is not good consideration. This is the authority. Past consideration is not consideration
As an infant, Sarah Sutcliffe became the heiress of an estate. The plaintiff Eastwood acted as her guardian. Eastwood borrowed money to pay for her education, living expenses, the estate, etc. When Sarah came of age, she promised to pay back the plaintiff the amount of money that he had borrowed for her sake. She did in fact pay one year's interest on the debt. Sarah married the defendant Kenyon who also promised Eastwood that he would pay back the debt. Neither Sarah or her husband Kenyon ever paid Eastwood back for the debt. He sued the defendant on his promise to repay the debt.
Issue: Is a moral obligation to keep a promise a binding contact?
Holding: For the defendant. There was no consideration for the promise so no contract.
Ratio: A moral obligation is not good consideration. This is the authority. Past consideration is not consideration