Ethical Perspective $8\mathrm{.}1$

Past Consideration ${?}^{14}$

While strolling on a beach, you discover Heena unconscious and face down in the water. You pull her ashore, administer first aid, and bring her back to life. Shaken but grateful, she promises to pay you $$10,000$ every year for the remainder of your life. When you try to collect the first payment, however, she says that she has changed her mind and refuses to pay anything.

Questions for Discussion

Does Heena have a moral obligation to pay any money to you? Does she have a legal obligation to do so$?$

Leaving aside the rule governing past consideration, do you believe that Heena should be required to pay anything to you?

${?}^{11}$ Eastwood $v$ Kenyon $(1840)113$ ER $482($CA$).$ As we saw in Chapter $7,$ a court could also refuse to recognize a contract on the basis that there was no offer and acceptance. There was simply a promise to pay for work that had already