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Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts .
If a seal was in place, common law courts regarded it as removing the need for consideration to support the contract. It raised, at least, a rebuttable presumption of consideration. By the 20th century a small circle of red adhesive paper affixed to the document in question was sufficient when an individual had to use a seal.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
"Past consideration is no consideration": consideration must be "executory" or "executed", but not "past"; that is, consideration must be supplied in the present or in the future, but things done beforehand cannot be good consideration. [5] ex nudo pacto actio non oritur; Dyer's case (1414) 2 Hen. 5, 5 Pl. 26
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
"The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the ...
As the American lawyer, Lon Fuller, put it the purpose is to provide "channels for the legally effective expression of intention", [47] particularly where there's a common danger in large transactions that people could rush into it without thinking. However, older case law saw the courts interpreting the requirements of form very rigidly.