Lampleigh v Braithwaite [1615] Hob 105, 80 ER 255
Judgement for the case Lampleigh v Braithwaite
Table Of Contents
Braithwaite (B) was convicted of unlawful killing and asked Lampleigh (L) to petition the king on his behalf.
L was successful and B offered him £100 a reward, but later refused to pay.
The court ruled that in general “a past benefit cannot be invoked as consideration for a future contract”.
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However this principle didn’t apply where:
The past benefit had been at the request of the party who received it AND
Where there was an understanding/expectation that there would be a reward in the future (in this case created by the subsequent promise of B), the past consideration could be “assumed” into the agreement.
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