Enforceability of Promise CASES
In English law, the enforceability of a promise refers to whether a promise or assurance made by one party creates legally binding obligations that can be enforced by the courts.
Definition and Principles
A promise generally becomes enforceable when it forms part of a valid contract, meeting essential requirements including offer, acceptance, consideration, certainty, and intention to create legal relations.
Key Elements for Enforceability
- Consideration: Exchange of value, however small.
- Certainty: Clear and definite terms.
- Intention to Create Legal Relations: Parties must intend legal accountability.
Exceptions
- Promissory Estoppel: Some promises become enforceable without formal consideration if relied upon significantly.
- Deeds: Formal promises enforceable without consideration.
Practical Importance
Recognising enforceable promises ensures parties clearly understand their obligations and potential liabilities, facilitating effective contract formation and avoiding disputes.
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Following the desertion of two sailors, a ship's captain promised the remaining crew extra wages to sail home. This promise was held unenforceable as the crew were already contractually bound to cover all emergencies, establishing that performing a pre-existing duty lacks consideration. Facts The plaintiff, Stilk, was a seaman on a voyage from London to the Baltic and back. He signed ship’s articles agreeing to be paid wages of £5 per month. The ship originally had a crew of eleven. During the voyage, two of the seamen deserted. The captain, Myrick, was unable to find replacements and, to prevent further
A colliery, fearing striking miners, promised to pay police for an on-site garrison. The police, who believed a mobile force was adequate, agreed. The House of Lords held the promise to pay was contractually enforceable as providing a garrison, beyond what the police deemed necessary, constituted good consideration. Facts During a national coal strike in 1921, Glasbrook Brothers Ltd (the respondents), owners of a colliery in Glamorgan, experienced significant industrial unrest. After a stay-at-home strike, the safety men who maintained the mine decided to return to work, but faced intimidation from striking miners. The colliery manager requested police protection, specifically
A witness, Collins, was subpoenaed by Godefroy and promised payment for attending court. Collins sued for non-payment. The court held that performing a pre-existing public duty (attending court under a subpoena) is not valid consideration for a new promise. Facts The claimant, Collins, an attorney, was subpoenaed to attend a trial and give evidence on behalf of the defendant, Godefroy. Collins attended the court for six days as required by the subpoena but was ultimately not called to testify. Collins brought an action in assumpsit, alleging that Godefroy had promised to pay him one guinea per day as remuneration for
