Moral Obligation and Consideration

Question 1

Moral Obligation

Answer 1

No request for performance but someone does perform (and the benefitting party then promises to pay)

Question 2

Traditional View (Majority - barely)

Answer 2

Can’t enforce a promise if it lacks consideration

Question 3

Modern View (Slight Minority but the trend)

Answer 3

Promise for benefit Received

1. A promise made in recognition of a benefit previously received by the promisor from the the promisee is binding to the extent necessary to prevent injustice
2. A promise is not binding under subsection (1)
   - If the promisee conferred the benefit as a gift…or;
   - To the extent that its value is disproportionate to the benefit