 | 1853 - 558 pages
...unaccompanied by any express agreement, and not always even then. Lord Mansfield laid it down, " that when a man is under a moral obligation, which no court of law or equity can expose, and promises—the honesty and rectitude of the thing is sufficient consideration to make the... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...made. A fortiori, a legal or equitable duty is a sufficient consideration for an actual promise. Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration. As if a man promise to pay a just... | |
 | Joseph Story - Checks - 1856 - 758 pages
...support a Note between the same parties. It has, indeed, in some cases been broadly laid down, that where a man is under a moral obligation, which no court of law or equity can enforce, and he promises, the honesty and rectitude of the thing is a consideration. 2 But this doctrine must be... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 664 pages
...to pay, that is a sufficient consideration." And in the same case, Lord Mansfield says, that " where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration ; as if a man promise to pay a... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1874 - 820 pages
...precision: "It has, indeed," says the learned author, "in some cases been broadly laid down, that where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration. But this doctrine must be received... | |
 | Law reports, digests, etc - 1908 - 1134 pages
..."a contract founded upon an equitable duty, such as would be enforced by a court of equity, or upon a moral obligation, which no court of law or equity can enforce, or to do that which an honest man ought to do, or upon the waiver of a legal right by the party entitled... | |
 | John Innes Clark Hare - Contracts - 1887 - 748 pages
...should be obligatory, unless it is unlawful or immoral. " If," said he, in Hawkes v. Saunders, " a party is under a moral obligation which no court of law or equity can enforce, the honesty and rectitude of the thing are the consideration." This dictum, which was not necessary... | |
 | Sir John William Salmond - Contracts - 1891 - 256 pages
...statute of limitations) it is no longer nudum pactum." (') And, according to Lord Mansfield : " Where a man is under a moral obligation which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration." (2) And in Lee v. Muggeridge... | |
 | Theophilus Parsons - Contracts - 1893 - 928 pages
...restrict the importance of consideration in the law of contracts. Lord Mansfield laid down that " where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration," Hawkes v. Saunders, Cowp. 289... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1032 pages
...approval the following language used by Lord Mansfield in Hawkea v. Saundert, 1 Cowp. 290: " Where a man is under a moral obligation which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration." ThecaW of McMorria v. Herndon,... | |
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Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration. 
