Hamer V. Sidway - Influence of The Case

Influence of The Case

Hamer is very common reading in first-year contracts courses at American law schools. The view of contracts operative in Hamer was grounded in a particular theory of consideration, the "benefit-detriment theory" (as exemplified in the Exchequer Chamber's 1875 definition). However, since the early 20th century (especially as embodied in the First and Second Restatements of Contracts), a dominant view has been the "bargain theory." According to the "bargain theory," a typical contract must consist of a bargained-for exchange where the consideration offered by one party (promisee) induces the making of a promise by another party (promisor), and the promisee, having been induced by the promise, gives this consideration. Thus Hamer was decided on the basis of a legal theory that has largely been replaced or supplemented by newer theory, meaning that similar cases may be viewed differently by contemporary courts.

Read more about this topic:  Hamer V. Sidway

Famous quotes containing the words influence of, influence and/or case:

    I anticipate with pleasing expectations that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow citizens, the benign influence of good laws under a free government, the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers.
    George Washington (1732–1799)

    Mothers have as powerful an influence over the welfare of future generations, as all other causes combined.
    —John Abbott. The Mother at Home; or the Principles of Maternal Duty, John Abbott, Crocker and Brewster (1833)

    Massachusetts sat waiting Mr. Loring’s decision.... It was really the trial of Massachusetts. Every moment that she hesitated to set this man free, every moment that she now hesitates to atone for her crime, she is convicted. The commissioner on her case is God; not Edward G. God, but simply God.
    Henry David Thoreau (1817–1862)