Mills v. Wyman | Case - Edubirdie

University:
Eastern Kentucky University
Course:
LGS 300 | Introduction to Legal Studies
Academic year:

2020
Views:

365

Pages:

1
Author:

cicwyr4xc

Mills v. Wyman Massachusetts Supreme Judicial court 1825 1) Facts a) Son, age twenty-five, suddenly became ill while returning from a voyage at sea. b) Plaintiff took Son in and cared for him until he died. c) After hearing what Plaintiff had done, Defendant offered to pay for the expenses Plaintiff incurred while caring for Son. d) The father never made payments 2) History a) The trial court ruled in favor of the defendant b) Plaintiff appealed 3) Issues a) Can moral obligation count as consideration i) Not universal rule, need some preexisting obligation for form a basis of a promise ii) Moral obligation is sufficient for a express promise when good or valuable consideration has existed. The act done was in the past and past consideration cannot be binding on a contract iii) b) Was the act a good Samaritan act subject to a defense of gratuity i) The act was a good Samaritan act. Since the son was an adult, the father is not subject to pay for the debts incurred by the son 4) Judgment: Affirmed.

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