FANDOM


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.啊啊

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.

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.