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Words: 1,513 | Submitted: Fri Apr 18 2008
... the case of Stone v. Withpool (1588), where the judge said, "every consideration that doth charge the defendant in an assumpsit must be to the benefit of the defendant or charge of the plaintiff, and no case can be put out of this rule."2 However in the Eighteenth Century, Lord Mansfield took an open-minded attitude towards the topic of consideration as an essential requirement. In the case of Rann v Hughes (1778), he 'argued that a previous moral obligation was sufficient consideration for a future gratuitous promise.'3 Then, in the case of Hawkes v. Saunders (1782), Lord Mansfield said, "when 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 consideration... The ties of conscience upon an uptight mind are a sufficient consideration."4 Things really developed in the Nineteenth Century, in the case of ...
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