By Stefan Fafinski; Emily Finch
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Godefroy (1831) 109 ER 1040 Concerning: consideration; performance of an existing public duty ▲ Facts A police officer was promised a sum of money by the defendant in a trial in return for the officer giving evidence, since it was important to the defendant that the officer did so. The officer had already been subpoenaed to do so. QXP:M00_FAFI5820_02_SE_C00 2/7/09 15:28 Page 40 2 CONSIDERATION AND PROMISSORY ESTOPPEL KEY CASE Legal principle The promise to pay was unenforceable since there was no consideration given by the police officer for it.
Thomas (1842) 3 QB 234). There is an exception to the general rule that consideration must not be past: Lampleigh v. Braithwaite (1615) 80 ER 255 Concerning: past consideration; exception to the general rule Facts Braithwaite had killed another man and asked Lampleigh to secure a pardon. Lampleigh went to considerable effort and expense to secure the pardon for Braithwaite who subsequently promised to pay Lampleigh £100. Braithwaite then failed to pay the £100. Lampleigh sued. Legal principle Lampleigh’s claim was successful, even though, on the basis of past consideration, his efforts were in the past in relation to the promise to pay.
Lord Langdale stated that: If [the offer] had at once been unconditionally accepted, there would undoubtedly have been a perfect binding contract; instead of that, the plaintiff [now referred to as the claimant] made an offer of his own, to purchase the property for £950, and he thereby rejected the offer previously made by the defendant. I think that it was not afterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it; and that, therefore, there exists no obligation of any sort between the parties.