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.
- Can a promise to pay after a request has been fulfilled be binding?
Binding contract found, judgment for the plaintiff.啊啊
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.
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.