Pre-existing duty

Question 1

Collins v Godefroy [1831]

C had already been subpoenaed to give evidence at the trial

Answer 1

• Performance obliged by the general law does not constitute valid consideration for contracts

Question 2

Glasbrook Bros v Glamorgan CC [1925]

police and mineowner

Answer 2

• The police had gone beyond their public duty and hence there was consideration
• Where a public authority confers a benefit beyond what was obligated under statute that is good consideration

Question 3

West Yorkshire Police Authority v Reading Festival [2006]

police and pop festival

Answer 3

• set out test for when public services need to be paid:
  1. have been asked for but will be beyond what the police consider necessary to meet their public duty obligations
  2. they are services which the asker will have to provide from his own resources, if the police do not provide them