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United Kingdom Leading Case consideration

Stilk v Myrick

(1809) 2 Camp 317
JurisdictionUnited Kingdom
CourtCourt of Common Pleas
Year1809
StatusBinding authority

Summary

Performance of a pre-existing contractual duty owed to the promisor cannot constitute good consideration for a new promise.

Key Principle

performance of an existing duty owed to the promisor is not good consideration

Area of Law

Contract — Consideration and Estoppel

Related Cases

Baird Textile Holdings Ltd v Marks and Spencer plc [2001] EWCA Civ 274

Promissory estoppel cannot found a cause of action as a sword where no pre-existing contractual relationship or obligation otherwise exists.

Williams v Roffey Bros and Nicholls (Contractors) Ltd [1991] 1 QB 1

Practical benefit obtained by a promisor from a promisee's performance of an existing contractual duty can constitute good consideration for a promise of additional payment.

Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130

A clear and unequivocal promise intended to be acted upon, and which is acted upon, may be enforced in equity by way of promissory estoppel even without consideration.

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