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Lampleigh v Braithwaite

[1615] Hob 105, 80 ER 255

Case summary last updated at 02/01/2020 11:33 by the Oxbridge Notes in-house law team.

Judgement for the case Lampleigh v Braithwaite

B was convicted of unlawful killing and asked 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”. However this principle didn’t apply where (1) the past benefit had been at the request of the party who received it AND (2) 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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