- This topic has 3 replies, 2 voices, and was last updated 3 years ago by
.
- Posts
Q) What does an agreement to carry out an act which the law requires anyway amount to?
A. Sufficient consideration
B. Insufficient consideration
C. Past considerationDear Tutor!!
The answer is B but I’m wholly not understanding this question. I am not able to understand question and its answer as well.
Please tell me what question is saying and why the answer is B.
It will be grateful for me.
Thank you!!If you are required by law to carry out an action, then simply by carrying out that action cannot be claimed as being sufficient to support a separate contract
The case Collins v Godefroy illustrates this point very well
Collins was promised £25 by the defendant’s solicitor in another case if he would appear in court to give evidence. After this promise was given and Collins had accepted the offer, Collins was then subpoenaed by the court (the Court said ‘You must appear and give evidence in a case’)
So Collins turned up and gave evidence and then said the the original promisor ‘Hey, you promised me £25 if I turned up and gave evidence. Well, I DID turn up and i DID give evidence. So where’s my £25?’
But Godefroy wouldn’t pay him – Godefroy said ‘You HAD to turn up because the Court demanded your presence and if the Court tells you to turn up, then you have to’ So all Collins was doing was complying with the law that says that, if required by a subpoena to turn up in court, then you must turn up in court
Is that any clearer for you?
- You must be logged in to reply to this topic.