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FactsEdit

Brathwait killed a man and then requested Lampleigh seek a pardon for this crime from the King. Lampleigh rode around the country to obtain this pardon, after which Brathwait promised to pay Lampleigh £100.

IssueEdit

  1. Can a promise to pay after a request has been fulfilled be binding?

DecisionEdit

Binding contract found, judgment for the plaintiff.

ReasonsEdit

The court held that while a mere voluntary promise is not sufficient consideration, there was a prior request and then the promise to pay. This is then not a nudum pactum, but rather coupled with the prior request and therefore a binding contract.

RatioEdit

A promise made after performance can be enforced, only if it was understood by the parties that there will have some kind of reward prior the performance.