Dahl v. Hem Pharmaceuticals Corp.
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| Dahl v. Hem Pharmaceuticals Corp. | |
| Court | U.S. Court of Appeals, 9th Circuit |
|---|---|
| Citation | 7 F.3d 1399 (1993) |
| Date decided | 1993 |
Relevant Facts
The plaintiff and 17 others filed suit against the pharmaceutical company. Plaintiffs enrolled in an experimental program to test a new medication, and received medicine as part of the testing procedure. After the tests were over, the defendant ceased to provide the plaintiffs with the medicine, when they had promised to do so at the beginning of the tests if they found the medicine was beneficiary.
Issues
Whether consideration is given when the parties participate voluntarily and are free to withdraw at any time.
Holding/Decision
Judgment for the plaintiffs.
Reasoning
The plaintiffs incurred the detriment of being tested upon, which was sufficient consideration to support the finding of a binding contract.
