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Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii

Campbell Law Review

The collapse of Starr's seemingly meritorious claim and the court's interestingly inconsequential mention of Section 86 raise the motivating questions of this article. First, is Section 86 and the "material benefit rule" it embodies ever applied in court, and, if so, can a unifying theme be found between those cases in which courts choose to enforce the post-benefit promise and those in which they do not?