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Chapter 2
Invalid consideration
Past consideration
Consideration is past if it involves something which has already been done at the
time the promise is made. Past consideration cannot support a contract.
Illustration 8 – Consideration
RE MCARDLE 1951
Facts:
A husband and wife carried out improvements to a house. At a later date a
promise was made to reimburse the couple.
Held:
The works had been carried out before the promise to pay had been made. Past
consideration is no consideration.
If an act was done in response to a specific request and payment might be
expected in such a situation then there is an implied promise to pay and this will
constitute good consideration.
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