ICAEW BL · Chapter 2 · Question 5 of 10
After a colleague voluntarily repairs Sita's laptop over a weekend, Sita promises to pay him £150. She later refuses to pay. Why can the colleague probably not enforce the promise?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) His consideration is past, because the work was done before the promise and was not requested
Explanation
Consideration must be given in return for the promise. An act already completed before the promise was made is past consideration and is not sufficient (Re McArdle). The court does not assess whether consideration is adequate. The presumption against legal intention in social settings can be rebutted and is not conclusive. Promises do not have to be made by deed.
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