Collins v. Godefroy (1831) – Explained in Simple Terms
Topic: Consideration & Pre-existing Duty
What Happened?
Godefroy sued a third party and got a court subpoena (order) for Collins to appear as a witness.
Later, Godefroy offered Collins six guineas (a type of money) if he attended.
Collins did not accept the offer but still attended court.
However, he was not required to testify.
Afterward, Collins demanded the six guineas, saying Godefroy had promised to pay.
Main Issues
Did Collins accept Godefroy’s offer?
Did Collins provide valid consideration for the promise of six guineas?
Court’s Decision
The High Court ruled in favor of Godefroy (Collins lost the case).
The court said that Collins was already legally required to attend court due to the subpoena.
Since he was already bound by law, his attendance could not be valid consideration for a contract.
Also, Collins never actually accepted the offer, so there was no valid contract.
Legal Principle (Indian Contract Act, 1872)
Section 2(d): Consideration must involve a new benefit or obligation.
Existing Legal Duty Rule: Under Indian contract law, a promise to do something you are already legally required to docannot be valid consideration for a contract.
Example in India: If a police officer is promised extra money to solve a case, it is not enforceable, because the officer is already legally bound to do so.
Conclusion
Key Lesson: If a person is already obligated by law to do something, they cannot use it as consideration for a contract.
Collins lost because he was already required to attend court, and his attendance was not a valid consideration.
Comment
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