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119
For BURDEN of promise to bind promisor’s sucessors, (6 elements of covenant for burden)
1.Compliance w/ statute of frauds
2.Intent to bind successors
3.Touch and concern
4.Notice
5.Horizontal privity (not necessary in all jurisdictions, not restatement approach)
Contractual relationship between original parties:
i.mutual interests
ii.successive interests
iii.no requirement
6.Vertical privity
Relationship between original party to promise and his successor
Exists only if successor received entire estate that original party had (HAS TO MATCH- fee simple to fee simple)
2.Intent to bind successors
3.Touch and concern
4.Notice
5.Horizontal privity (not necessary in all jurisdictions, not restatement approach)
Contractual relationship between original parties:
i.mutual interests
ii.successive interests
iii.no requirement
6.Vertical privity
Relationship between original party to promise and his successor
Exists only if successor received entire estate that original party had (HAS TO MATCH- fee simple to fee simple)
