Performance of an existing duty
Generally, doing something which is already an obligation is not sufficient
consideration. The cases on this fall into two categories: those where an
obligation already exists under the general law of the land, and those where
a duty is owed to another under a contract.
Performance of an existing duty owed under the general law
of the land
However, going beyond what is strictly required by law, and doing
something extra to this existing duty, can be seen as valid consideration.
A more recent example is in the following case.
52 Contract law
Collins v Godefroy (1831)
A lawyer was obliged to appear in court by witness order, but agreed
with one party that they would pay him to give evidence. It was held
that he was not entitled to enforce this payment, as it was something
which he was already obliged to do by law, and merely doing that did
not amount to valid consideration.Glasbrook Bros v Glamorgan County Council (1925)
At the time of this case the County Council was the administrator of
the local police force and had a legal duty to ensure the keeping of
peace in the area. The Council had decided that following recent strikes
and disturbances around coal mines in South Wales a mobile patrol of
policemen would be sufficient to keep the peace. The owners of a
particular coal mine requested a large patrol to be stationed at their
mine. The Council agreed, but for a sum of money. This was held to be
enforceable because the Council was going beyond their existing duty
in supplying more policemen than was their legal obligation.
This decision was applied to football matches in Harris v Sheffield
United(1987) where it was held that a request for a police presence in order
to hold a match safely would result in an obligation to pay for the service.Ward v Byham (1956)
A single mother was promised by the father of her child a regular
payment of £1 per week for the maintenance of the child provided that
she kept the child ‘well looked after and happy’. The child would later
be able to choose whether to stay with the father or mother. There was