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Lampleigh v Brathwait (1615)
Core Issue: This case establishes a crucial principle regarding consideration in contract law: past consideration can be valid if it was performed at the request of the promisor.
Facts:
Holding: The plaintiff successfully recovered the £100.
Ratio Decidendi (Reasoning):
The court distinguished between a mere voluntary act (which lacks consideration) and an act performed at the request of the promisor. Key points:
Understanding Lampleigh v Brathwait requires careful analysis of whether a request preceded the act. If there was a clear request, even if the payment promise is later, it’s likely a binding contract. If the act was purely voluntary, there’s no contract.
This study guide provides a comprehensive overview of Lampleigh v Brathwait. By understanding its principles and answering the study questions, you will grasp a key concept in contract law.
Core Issue: This case establishes a crucial principle regarding consideration in contract law: past consideration can be valid if it was performed at the request of the promisor.
Facts:
- Defendant's Act: The defendant committed murder and requested the plaintiff to secure a royal pardon.
- Plaintiff's Act: The plaintiff undertook considerable effort (multiple journeys) to fulfill this request.
- Subsequent Promise: After the plaintiff completed the work, the defendant promised to pay £100.
- Breach: The defendant failed to pay the promised £100.
Holding: The plaintiff successfully recovered the £100.
Ratio Decidendi (Reasoning):
The court distinguished between a mere voluntary act (which lacks consideration) and an act performed at the request of the promisor. Key points:
- Mere Voluntary Courtesies: A freely given favour without a prior request does not constitute valid consideration. This is considered "past consideration" and generally unenforceable.
- Requested Acts: However, if the act was performed at the request of the promisor, even if the promise to pay comes after the act, the promise is binding. The promise is not "naked" but connected to the preceding request. This creates a valid consideration, despite the timing. The request implies a promise to compensate.
- Consideration: Something of value exchanged between parties to a contract. It's what each party gives up to make the contract binding.
- Past Consideration: An act completed before a promise is made. Generally, it is not valid consideration. Exception: Lampleigh v Brathwait shows that past consideration is valid if it was performed at the request of the promisor.
- Assumpsit: An action in contract law. In this context, it refers to the promise made by the defendant to pay the plaintiff.
Understanding Lampleigh v Brathwait requires careful analysis of whether a request preceded the act. If there was a clear request, even if the payment promise is later, it’s likely a binding contract. If the act was purely voluntary, there’s no contract.
This study guide provides a comprehensive overview of Lampleigh v Brathwait. By understanding its principles and answering the study questions, you will grasp a key concept in contract law.
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