California Codes
Cal. Civil Code § 1606 (2026)
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An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the obligation, but no further or otherwise.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1952–2025 · leading case: Wilson v. Wilson, 352 P.2d 725 (Cal. 1960).
Wilson v. Wilson, 352 P.2d 725 (Cal. 1960). “Without considering the question of appellant's possible legal obligation to continue to support respondent upon his failure to pay the $6,000 note when due, he was undoubtedly at least under a moral obligation to do so and we are satisfied that in the situation of these parties…”
Alonso v. Blackstone Fin. Grp. LLC, 962 F. Supp. 2d 1188 (E.D. Cal. 2013). “Following the July 24, 2013 hearing, the parties were granted leave to file supplemental briefing regarding whether the $100 paid on the debt would be actual damages. Defendants respond that after an extensive search, they are unable to find any case addressing the issue and ask…”
Renwick v. Bennett (In re Bennett), 298 F.3d 1059 (9th Cir. 2002). “913, 916 (1975) (citing, inter alia, Cal. Civ.Code § 1606). Some California appellate decisions have held that this rule is applicable to a debt discharged by bankruptcy.”
San Diego Mun. Credit Union v. Smith, 176 Cal. App. 3d 919 (Cal. Ct. App. 1986). “Civil Code section 1606 provides; “An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding…”
Donahue v. Ziv Television Programs, Inc., 245 Cal. App. 2d 593 (Cal. Ct. App. 1966). “(Ibid. p. 739.) The circumstances preceding and attending disclosure, together with the conduct of the offeree acting with knowledge of the circumstances must furnish the evidence of a promise implied in fact.”
Healy v. Brewster, 251 Cal. App. 2d 541 (Cal. Ct. App. 1967). “) “An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, to an extent corresponding with the extent of the…”
Dow v. River Farms Co., 243 P.2d 95 (Cal. Ct. App. 1952). “498) : “It is true that in some states a moral, as distinguished from a legal consideration, will under some circumstances be sufficient to form a valid and binding contract [citing a Minn, case], but such has never been the rule in this state.”
Gen. Credit Corp. v. Pichel, 44 Cal. App. 3d 844 (Cal. Ct. App. 1975). “1036; 1 Witkin, Summary of Cal. Law (8th ed.”
Dugan v. Pettijohn, 285 P.2d 339 (Cal. Ct. App. 1955). “498) : ‘It is true that in some states a moral, as distinguished from a legal consideration, will under some circumstances be sufficient to form a valid and binding contract [citing a Minn, case], but such has never been the rule in this state.”
Davison v. Anderson, 271 P.2d 233 (Cal. Ct. App. 1954). “His stipulation that judgment might be entered against him is tantamount to an acknowledgment of the debt, and an agreement to pay it.”
Haase v. Cardoza, 331 P.2d 419 (Cal. Ct. App. 1958). “Appellant contends that the very code section (Civ. Code, § 1606) upon which the nonsuit was granted “imports” consideration and therefore she introduced sufficient evidence to go to the jury on the question of moral obligation.”
Forman v. Scott, 231 Cal. App. 2d 340 (Cal. Ct. App. 1964). “The sole question on this appeal is whether execution may issue upon a judgment which was discharged in bankruptcy but which was subsequently modified by nunc pro tunc order pursuant to the stipulation of the parties and in order to accommodate the bankrupt.”
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