JD Next Practice Exam

How are promises made out of a sense of moral obligation typically treated in most states?

1. They are enforceable regardless of consideration

2. They lack consideration and are therefore unenforceable

3. They may lead to informal agreements

4. They are always revocable

The correct answer is: They lack consideration and are therefore unenforceable

In most states, promises made out of a sense of moral obligation typically lack consideration, rendering them unenforceable in a legal context. Consideration is a fundamental requirement for the creation of a legally binding contract; it refers to something of value exchanged between parties. When a promise is made solely based on moral obligation, without any exchange of value, it does not meet this essential requirement. This means that while someone might feel morally compelled to honor the promise, the law does not recognize such obligations as enforceable contracts. For example, if a person promises to pay a friend a certain amount of money simply because they feel it is the right thing to do, without any expectation of receiving something in return, that promise would not be legally binding. The other options present different implications that diverge from the established legal principles surrounding promises and moral obligations. Options discussing enforceability regardless of consideration or suggesting that such promises are always revocable misinterpret the significance of legal consideration in contract law.