Mills v. Wyman (1825) — Past Consideration & Moral Obligation

Quick Summary

The plaintiff cared for the defendant’s adult son during a serious illness. Later, the father promised to pay the expenses but did not pay. The court ruled that the promise was not enforceable. Why? Because the services were already finished before the promise. Past services and a moral duty are not legal consideration. Contract law needs a present exchange.

Issues

• Is the defendant’s later promise to pay enforceable?
• Do past consideration and moral obligation count as consideration?

Rules

• Past consideration is not valid consideration for a new promise.
• Moral obligation, without a legal exchange, does not make a promise enforceable.
• A promise binds only when the promisor gains a legal benefit or the promisee suffers a legal detriment in exchange.

Arguments

The court affirmed that the promise was not enforceable. The services had already been performed. There was no new consideration moving with the promise. A moral reason to pay is not enough to create a legal duty.

Ratio Decidendi

Past acts done without a promise cannot serve as consideration for a later promise to pay. Moral obligation alone does not make a contract. Law requires a present exchange of legal value.

Why It Matters

• Draws a clear line between moral duty and legal duty.
• Teaches that consideration must be bargained for, not backward-looking.
• Helps on exam questions about promises to pay for past services.

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: “PAST HELP ≠ PRESENT PAY”

1. Timing: Was the promise after the services?
2. Exchange: Any new benefit/detriment now?
3. Result: If no new exchange, promise not enforceable.

IRAC Outline

Issue

Is the defendant’s later promise to pay for past services legally enforceable?

Rule

Past consideration and moral obligation alone are insufficient consideration to make a promise enforceable.

Application

The plaintiff had already cared for the adult son. The father’s promise came afterward. No new exchange occurred. Therefore, legal consideration is missing.

Conclusion

The promise is not enforceable in contract. The dismissal stands.

Glossary

Consideration

The bargained-for exchange—legal benefit or detriment—supporting a promise.

Past Consideration

Actions done before the promise; not valid to support a later promise.

Moral Obligation

A duty felt by conscience, not usually enforceable without legal exchange.

FAQs

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