Also known as: mutual promise · reciprocal promises · mutuality of promises
Written by attorneys · grounded in primary & secondary sources — see below
Reciprocal undertakings by each of two parties that furnish consideration for the other's undertaking. Such promises form the basis of a bilateral contract when each restricts the promisor's freedom of action in a bargained-for exchange.
Malcolm McKinley and Madison Meyers orally agree that each will marry the other next summer. No writing exists. Their agreement consists solely of mutual promises to marry, so the Statute of Frauds does not apply and the promises are enforceable without a signed memorandum.
Metro Bank orally promises to employ Mohan Malhotra as a branch manager and Mohan promises to serve in that role. The mutual promises create obligations terminable on notice by either party under standard agency rules.
Megan Moore promises to convey a home to Mustafa Mahmoud if he marries her daughter. Mustafa marries the daughter. The marriage supplies part of the consideration for the promise, placing the arrangement within the Statute of Frauds category for marriage agreements.
Select any source to read its text and confirm it supports the definition.
An agreement consisting only of mutual promises by two persons to marry each other falls outside the Statute of Frauds marriage provision. Any additional promise or third-party involvement brings the arrangement within the writing requirement.
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Each promise must restrict the promisor's freedom of action so that the promised performance would itself qualify as consideration. A promise leaving performance wholly optional is illusory and supplies no consideration for the return promise.
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No. Performance of the marriage does not satisfy the writing requirement for promises made in consideration of marriage. The statute focuses on the nature of the consideration, not on whether the marriage has occurred.
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The promises must each impose a genuine detriment or restriction. When one party retains complete discretion to perform or not perform, the exchange lacks mutuality of obligation and no enforceable bilateral contract arises.
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…Two years ago, Obergefell and Arthur decided to commit to one another, resolving to marry before Arthur died. To fulfill their mutual promise, they traveled from Ohio to Maryland, where same-sex marriage was legal. It was difficult for Arthur to move, and so the couple were wed inside a medical transport plane as it remained on…