CIMA BA4 · Chapter 10 · Question 7 of 10
Dee painted Ed's house. A week after the job was finished, Ed promised to pay Dee an extra £300 as a thank you. Under English law, can Dee enforce Ed's promise?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) No, because Dee's consideration is past
Explanation
Past consideration, meaning an act completed before the promise was made, is not good consideration (Re McArdle). The exception in Lampleigh v Braithwait requires the act to be done at the promisor's request with an understanding that payment would be made, which is not shown here as the promise is a gratuitous thank you.
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