Law 5110 Lecture Notes - Lecture 23: Lever Brothers, Obiter Dictum, Consideration
Document Summary
Performance of an existing public duty: case example _ collins v godefroy (1831) defendant promised to pay the claimant for giving defendants trail, claimant has already been summoned by the court to give evidence. Hartley v ponsonby (1857) the promise of additional payment was enforceable, the crew had exceeded their contractual duty which was their consideration to support the captains promise. Performance of an exisiting contractual duty (qualification to the rule in stilk v myrick) Williams v roffey (1990) there is good consideration if it does a practical benefit to the other party. Williams sued roffey, by performing their exisitng contractual duty, Williams had conferred a practical benfit to roffey. Stilk performance of an existing duty is insufficient consideration. Williams performance of an existing duty can be sufficient consideration if it provides. Quite recently, the court of appeal revisited the issue of common mistake in the case of:
