Mills v. Wyman - men was already taking care of him and the...

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Mills v. Wyman 20 Mass. 207 (1825) Fact: Operative Facts: A 25 year old male was sick, and being a good Samaritan, Mills gave him shelter, and comfort till he died. During the time, the sick male’s father, inspired by the good deed, wrote to Mills stating that he promised to pay Mills back for the expenses he had incurred. Issue: Whether there was a valid contract Rule: For there to be a contract, there must be, mutual assent and consideration. Rational: There was not adequate consideration. The reason is because, although the father wrote the promise on the paper, he did not have any consideration. The person taking care of the sick
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Unformatted text preview: men was already taking care of him, and the reimbursement that he wrote AFTER the performance was already being preformed, means that, that act itself cannot be consideration. Although moral obligations is sufficient consideration for an express promise, there must have been some preexisting obligation, which has become inoperative by positive law, to form a basis for an effective promise. Holding: No consideration, no Contract. Merely considered as a gift, which is unenforceable. Synthesis: Dissent/Concurrences:...
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