Part 3 - Past Consideration
2012/// Filed in: Contract Law (UK)
Below are a few relevant principles and leading cases regarding past consideration:
Roscorla v Thomas: Consideration must be given in return for the specific promise of the other party (i.e., it can not be past, an unrelated promise not in connection with the specific bargain, or a promise given only when the alleged consideration had been completed is generally unenforceable).
Pao On v Lau You Long: A promise to perform an existing obligation can constitute good consideration in certain cases. The circumstances in which a promise made after the acts can constitute consideration are derived from Lampleight V Braithwait and Re Casey's Patents.
Lampleigh v Braithwait: Past consideration is sufficient when it is provided at the request of the promissor.
Re Casey's Patents: The parties must have understood that the work was to be paid for in some way either by money or some other benefit.
Roscorla v Thomas: Consideration must be given in return for the specific promise of the other party (i.e., it can not be past, an unrelated promise not in connection with the specific bargain, or a promise given only when the alleged consideration had been completed is generally unenforceable).
Pao On v Lau You Long: A promise to perform an existing obligation can constitute good consideration in certain cases. The circumstances in which a promise made after the acts can constitute consideration are derived from Lampleight V Braithwait and Re Casey's Patents.
Lampleigh v Braithwait: Past consideration is sufficient when it is provided at the request of the promissor.
Re Casey's Patents: The parties must have understood that the work was to be paid for in some way either by money or some other benefit.