Knowledge (XXG)

Lampleigh v Brathwait

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55:
The Court of the King's Bench held that there was an implied understanding (i.e. implied assumpsit, or "assumption" of obligation) that a fee would be paid. Where a past benefit was conferred at the beneficiary's request, and where a reward would reasonably be expected, the promisor would be bound by
46:
Brathwait killed a man called Patrick Mahume unlawfully. He asked Lampleigh to ride to the King and petition for a pardon. Lampleigh was successful and, delighted, Brathwait promised £100 to Lampleigh; but he never paid up and Lampleigh sued. Brathwait said that because the service had been performed
64:
In later centuries, judges have pondered some unsettled issues arising from this case. What if the promised £100 was insufficient? What if nothing was promised; would
131: 47:
in the past, there was no good consideration at the time for the promise, regardless of the fact that Lampleigh was successful in securing a pardon.
141: 136: 146: 151: 156: 79: 84: 31: 35: 26: 116: 66: 21: 125: 8: 24:, (1615) Hobart 105, 80 ER 255 is a case on 96: 7: 132:English unjust enrichment case law 14: 142:English enforceability case law 137:English consideration case law 1: 103:Case ref to follow shortly! 173: 147:English agreement case law 80:Restitution in English law 85:Pao On v Lau Yiu Long 18:Lampleigh v Brathwait 36:English contract law 152:1615 in English law 117:Judgment on BAILII 32:past consideration 157:1610s in case law 27:implied assumpsit 164: 104: 101: 172: 171: 167: 166: 165: 163: 162: 161: 122: 121: 113: 108: 107: 102: 98: 93: 76: 62: 53: 44: 12: 11: 5: 170: 168: 160: 159: 154: 149: 144: 139: 134: 124: 123: 120: 119: 112: 111:External links 109: 106: 105: 95: 94: 92: 89: 88: 87: 82: 75: 72: 70:be available? 67:quantum meruit 61: 58: 52: 49: 43: 40: 13: 10: 9: 6: 4: 3: 2: 169: 158: 155: 153: 150: 148: 145: 143: 140: 138: 135: 133: 130: 129: 127: 118: 115: 114: 110: 100: 97: 90: 86: 83: 81: 78: 77: 73: 71: 69: 68: 59: 57: 56:his promise. 50: 48: 41: 39: 37: 33: 29: 28: 23: 20: 19: 99: 65: 63: 60:Significance 54: 45: 25: 22:EWHC KB J 17 17: 16: 15: 126:Categories 91:References 74:See also 51:Judgment 42:Facts 30:and 34:in 128:: 38:.

Index

EWHC KB J 17
implied assumpsit
past consideration
English contract law
quantum meruit
Restitution in English law
Pao On v Lau Yiu Long
Judgment on BAILII
Categories
English unjust enrichment case law
English consideration case law
English enforceability case law
English agreement case law
1615 in English law
1610s in case law

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