Mistaken Identity

Finnis argues that all these are “watered-down” notions of the internal aspect of rules: the central case is the viewpoint of the moral man, the one who views the law as a moral standard. When one adds enforcement of promises at suit of third-party beneficiaries, which is making headway the world over, and enforcement of promises where the consideration moves from a third person, which has strong advocates in America and is likely to be used to meet the exigencies of doing business through letters of credit, one can but see that Lord Mansfield’s proposition that no promise made as a business transaction can be nudum pactum is nearer realization than we had supposed.

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