A Quick Summary of Lampleigh v Braithwaite (1615)
Case name & citation: Lampleigh v Braithwaite [1615] EWHC KB J17; (1615) Hobart 105; 80 ER 255
- Court: King’s Bench Division
- Area of law: Past consideration; exception to the rule of past consideration under contract law
The case of Lampleigh v Braithwaite (1615) provides a classic illustration of how past consideration can sometimes be recognized as valid in contract law. Here’s a summary of the key points:
Facts (Lampleigh v Braithwaite)
Braithwaite was convicted of murder and requested Lampleigh to obtain a pardon from the King for him. Lampleigh put in a lot of effort and incurred costs on travelling to the King. He successfully obtained the pardon and delivered it to Braithwaite. Subsequently, Braithwaite promised to pay Lampleigh £100 for his efforts. But he never paid up and as a result, Lampleigh sued.
Issue
The main issue was whether Lampleigh’s action (obtaining the pardon) constituted valid consideration for Braithwaite’s promise to pay, given that the consideration was provided before the promise was made.
Decision in Lampleigh v Braithwaite
The court held that despite the consideration being past (the pardon was obtained before Braithwaite’s promise), it was valid. This was because Lampleigh’s act was performed at Braithwaite’s request and in the context of the understanding that there would be payment. The court found that the promise to pay could be connected to the request, making it part of a single agreement.
Legal Principle
Past Consideration: As a general rule, past consideration is not sufficient to form a valid contract. This means that the consideration must be contemporaneous with or occur after the promise, not before. An example of this can be seen in the case of Re McArdle (1951).
Exception: In cases where an act is performed at the request of the promisor and there is an implied understanding of payment, past consideration can be recognized as valid. This principle is illustrated in Lampleigh v Braithwaite, where the court considered that at the time Braithwaite requested Lampleigh’s help, the circumstances implied that Lampleigh would be paid.
List of references:
- https://qehslaw.wordpress.com/wp-content/uploads/2013/10/upl011751-7ed73_aqa_law_as_student_book_2nd_edition.pdf
- https://s3.studentvip.com.au/notes/17179-sample.pdf
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