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Contract law

Existing statutory duty

Generally, performance of an existing statutory duty is not good consideration.

However, if it can be shown some extra service over and above that statutory duty is
required this will constitute good consideration.

Illustration 9 – Consideration

GLASBROOK BROTHERS LTD v GLAMORGAN COUNTY COUNCIL1925

Facts:

G Bros. required the police to provide protection over and above their statutory
duty during a miners’ strike.

Held:

The payment to the police for extra protection was additional to their statutory
duty and therefore good consideration.

Existing contractual duty

Performance of an existing contractual duty will not normally be good consideration
for a new contract with the same person.

Illustration 10 – Consideration

STILK v MYRICK 1809

Facts:

A captain promised to share the wages of deserting seamen with the rest of the
crew if they completed the voyage.

Held:

The promise was not binding as there was no extra consideration from the
seamen who, by completing the voyage, were doing no more than they were
contractually bound to do.

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