LAW 600A Lecture Notes - Lecture 5: Wood Block
Document Summary
Consideration requires contemporaneous bargained for exchange, thus past consideration is unenforceable. A promise made in recognition of a benefit previously received by the promisor from the promise is binding to the extent necessary to prevent injustice. Not binding if: the promise conferred the benefit as a gift or for other reasons the promisor has not been unjustly enriched. Or to the extent that its value is disproportionate to the benefit. Webb saves mcgowin"s life by diverting the fall of a wood block by falling with the block. Webb is crippled and unable to work for the remainder of his life. Mcgowin agrees to pay webb every two weeks for the remainder of webb"s life. Trial court rules in favor of mcgowin. Reversed and remanded in favor of webb. Mcgowin kept payments up to the time of his death, thus intent to pay and be bound to promise established.
