The court found that the agreement entered into

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The court found that the agreement entered into between the executors and Ms. Thomas contained an agreement to pay £1 rent/year which showed this was not merely a voluntary gift and was sufficient consideration. In the words of Patterson J “consideration means something which is of some value in the eye of the law moving from the plaintiff. It may be some benefit to the defendant or detriment to the plaintiff but at all events it must be moving from the plaintiff.” 24. O’NEILL –V- MURPHY (Prayers do not constitute sufficient consideration) In this case a builder carried out work on buildings in a neighbouring parish in return for prayers being said for his intentions. It was alleged that the builder had been unduly influenced into doing the work by his religious advisor. In response to this allegation, the religious advisor
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claimed that this work was being carried out on the basis of a contract and that the prayers being said were sufficient consideration. The court held that prayers do not constitute sufficient consideration. 25. COLLINS –V- GODEFROY (Performance of existing public duty not sufficient unless something over and above that public duty) The claimant, Collins, had been subpoenaed to attend court as a witness in separate court case involving the defendant, Godefrey. Godefrey had sued his attorney for malpractice and Collins was required by the court to attend as an expert witness. In fact Collins never gave evidence but was required to be on standby for six days in case he was called. After the trial Collins gave Godefrey an invoice to cover his time spent at court and demanded payment by the next day. Without giving him the full day to pay, Collins commenced an action to enforce payment. Held: Collins was under a public duty to attend court due to the subpoena. Where there exists an existing public duty this cannot be used as consideration for a new promise. Godefrey was not required to pay him. 26. GLASBROOK BROS –V- GLAMORGAN COUNTY COUNCIL The defendant owners of a colliery asked the police to provide protection during a miner's strike. The police provided the protection as requested and provided the man power as directed by the defendants although they disputed the level of protection required to keep the peace. At the end of the strike the police submitted an invoice to cover the extra costs of providing the protection. The defendants refused to pay arguing that the police were under an existing public duty to provide protection and keep the peace. Held 3:2 decision: In providing additional officers to that required, the police had gone beyond their existing duty. They were therefore entitled to payment. 27. STILK –V- MYRICK (Consideration must be something in excess of an existing contractual obligation) The claimant was a seaman on a voyage from London to the Baltic and back. He was to be paid £5 per month. During the voyage two of the 12 crew deserted. The captain promised the remaining crew members that if they worked the ship undermanned as it was back to London he
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would divide the wages due to the deserters between them. The claimant agreed. The captain
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  • Summer '15
  • LINCOLNOONGE
  • Law, claimant

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