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Contract | Formation

Consideration: Past

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Consideration: Past

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  • general rule: past consideration is not good consideration
  • house repairs / later promised money / not enforceable: past consideration (Re McArdle [1951])

Exceptions

  • pardon / £100 promised after / enforceable: P acted on D's request / same transaction ( Lampleigh v Brathwait (1615))
  • manage patents / during work offered 1/3 share patents / Bowen: implied remuneration (Re Casey's Patents [1892] )
  • indemnity shares / Scarman: promisors' request / implied remunerated / legally enforceable if promised in advance (Pao On v Lau Yiu Long [1980])
bits of law
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