In Defense of Mutuality of Obligation: Why "Both Should Be Bound, or Neither"

Authors

Val D. Ricks, South Texas College of LawFollow

Abstract

I. Introduction

II. The Development of the Mutual Promise Rule

III. The Development of the Mutuality of Obligation Rule … A. Genesis and Confusion ... B. Later Development and Clarification: Rejection of Negative Mutuality of Obligation ... C. Why the Mutuality of Obligation Doctrine Remains Vital: Affirmative Mutuality of Obligation

IV. Why Mutuality of Obligation Has Nothing to Do with Value ... A. Consideration Reform and Mutuality of Obligation … B. Why Courts and the Restatement (Second) Tried to Overrule Mutuality of Obligation

V. Conclusion

Recommended Citation

Val D. Ricks, In Defense of Mutuality of Obligation: Why "Both Should Be Bound, or Neither", 78 Neb. L. Rev. (1999)
Available at: https://digitalcommons.unl.edu/nlr/vol78/iss3/2