Caseflicks

Supreme Court of North Carolina • 1945

Harrington v. . Taylor

36 S.E.2d 227 | 225 N.C. 690 | 1945 N.C. LEXIS 393

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Takeaway

In short, this case holds that a later promise to pay for a voluntary life-saving act is unenforceable when the act was completed before the promise and supplies only a moral, not legal, obligation.

Background

After the defendant assaulted his wife, she fled to the plaintiff's home. The following day, the defendant entered that home and began another assault on his wife. The wife knocked him down with an axe and was about to inflict a fatal blow. The plaintiff intervened, caught the descending axe, and suffered a badly mutilated hand while saving the defendant's life.

The defendant later orally promised to pay the plaintiff for her damages. He made a small payment but paid no more. The plaintiff sued on that promise. The trial court sustained the defendant's demurrer, concluding that the complaint did not state a legally enforceable claim, and the plaintiff appealed.

Issues

Issue #1

Whether the plaintiff's voluntary rescue of the defendant supplied consideration sufficient to make the defendant's later promise to pay her damages enforceable.

Holding

No. The plaintiff's humanitarian rescue, though it saved the defendant's life and caused her serious injury, was not legal consideration for his later promise.

Reasoning

The Court treated the defendant's promise as one made after the plaintiff had already acted. The complaint alleged that the plaintiff intervened voluntarily to prevent the defendant's wife from killing him, was injured in doing so, and only afterward received his promise of payment.

A moral obligation or a sense of gratitude is not enough to create an enforceable contract. The Court acknowledged that the defendant ought, as a matter of common gratitude, to compensate the plaintiff for the injury she suffered while saving him.

But the law requires consideration recognized by contract law, not merely a prior humanitarian act. Because the plaintiff's voluntary rescue did not constitute such consideration for the defendant's subsequent promise, the promise was unenforceable.