ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. Plaintiff Webb was injured while trying to protect McGowin from injury. McGowin made payments to Plaintiff following his injury. Plaintiff brings this action to compel Defendant, McGowin’s estate, to continue making payments.
Synopsis of Rule of Law. A subsequent promise is enforceable where the promisor has received a material benefit from the promisee.
Issue. Can Plaintiff enforce McGowin’s promise to make payments?
Held. Yes. McGowin’s promise is enforceable because Plaintiff conferred a material benefit on McGowin. While generally a moral obligation will not make an agreement enforceable, where a material benefit has been conferred, the material benefit will provide consideration for the subsequent promise. When Plaintiff saved McGowin’s life, McGowin received a material benefit from Plaintiff which provided consideration to make his subsequent promise enforceable.
Discussion. In the present case, the Court found that McGowin’s subsequent promise was enforceable because he had received a material benefit from Plain