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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
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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
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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
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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.
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