If someone is under a public duty to do a particular task, then agreeing to do that task is not sufficient consideration for a contract. The law finds consideration to be insufficient consideration if the plaintiff performs a duty already owed. This was because he was already legally bound to provide that service. Collins could not rely on his court attendance as consideration. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 17th Jun 2019 If someone exceeds their public duty, then this may be valid consideration. Collins v Godefroy case facts C received subpoena to appear in court as a witness. & Ad.950 Facts: The defendant promised 6 guineas to the claimant if he gave evidence in court. D promised to pay C if he did turn up in court. Void Agreements- Collins v Godefroy: In this case, the defendant, Godefroy, had received a subpoena to provide evidence in the court of law. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! This case (Collins v Godefroy [1831] 1 BAd 950) is the archemeta of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. See: Collins v Godefroy (1831) 1 B & Ad 950. that as Collins was under a legal duty to attend court he had not provided. For instance, in the case of Collins v Godefroy (1831), a lawyer who attended court as a witness could not also contract to appear in court. Glasbrook Bros Ltd v Glamorgan County Council [1925] AC 270 House of Lords 10. Collins, who attended for six days but was not called, demanded from Godefroy six guineas as his fee for attending. In Collins v Godefroy a subpoena 'd witness to whom the defendant promised a guinea per day as "attendance money could not enforce the agreement; the witness had an existing duty to attend and it would be contrary to public policy to permit such payments. 59 In this case, a promise had been made to pay a witness, who was under an order to attend the court, six guineas for his trouble. Afterwards the defendant promised to pay the plaintiff a fee of six guineas. Consideration cannot be a duty which currently exists. The document also included supporting commentary from author Jonathan Herring. – See e.g. Godefrey had sued his attorney for malpractice and Collins was … Collins then demanded that Godefroy pay him six guineas. Godefroy was keen to ensure that Collins attended as this would help his case, so he promised to pay him one guinea per day he was at court as compensation for the loss of his time. Godefroy promised him a guinea a day for his attendance. JUDGMENT Michael Westropp, C.J. In that case, a contract was formed which promised payment to a witness to give evidence. Dunlop v. Selfridge (1915) • In other words, for promise (offer) to be legally binding, it must seek ... Collins v. Godefroy (1831). At his agreement, Collins was subpoenaed to give evidence. When he tried to engorce the promised payment it was held that there was no binding agreement since he provided no consideration by simply doing his existind duty. Collins was already legally bound to attend court. Godefroy obtained a verdict, which the Court of Common Pleas afterwards set aside. In-house law team. Alliance Bank v Broom (1864) 2 Dr & Sm 289. It was held that this promise was unenforceable, because there was no consideration for it. order telling someone they must attend). The promotion is valid for either 10% or 15% off any service. He attended court, but was ultimately not required to give evidence. Existing Public. 0:43. References: [1831] EWHC KB J18, [1831] 109 ER 1040, (1831) 1 B and Ad 950 Links: Bailii Coram: Lord Tenterden CJ Ratio: An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time. Collins v Godefroy: KBD 1831. Scotson had entered into a contract with a third party for the sale and delivery of coal. Claimant if he would attend court to testify on his behalf a person can not rely on the November. To … this basic rule can be seen in operation in Collins v Godefroy ( 1831 ) B... Legal studies & Sm 289 pay Collins six guineas Arnold, Nottingham, Nottinghamshire, NG5 7PJ aside! King’S Bench virtue of the existing legal duties as consideration basic rule be. Attendance as consideration your legal studies himself, Godefroy promised Collins 6 to... With other promotional codes marking services can help you with your legal studies case Reference! 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