In Defense of Mutuality of Obligation: Why "Both Should Be Bound, or Neither"

I. Introduction II. The Development of the Mutual Promise Rule III. The Development of the Mutuality of Obligation Rule … A. Genesis and Confusion ... B. Later Development and Clarification: Rejection of Negative Mutuality of Obligation ... C. Why the Mutuality of Obligation Doctrine Remains Vital: Affirmative Mutuality of Obligation IV. Why Mutuality of Obligation Has Nothing to Do with Value ... A. Consideration Reform and Mutuality of Obligation … B. Why Courts and the Restatement (Second) Tried to Overrule Mutuality of Obligation V. Conclusion