In this instance. Froddo has found a aureate ring during a journey to Modor. Froddo took the aureate ring as he knew the ring was belonged to Gandalf. Literally. Froddo did non cognizant about the advertizement that Gandalf advertised earlier that he has offered RM5000 for wages to those who found the ring. In this instance. Froddo can claim the wages from Gandalf although there was no consideration been made between Gandalf and Froddo. A common definition of consideration is in footings of the monetary value of a promise is what one party must “pay” ( non needfully in fiscal footings ) for promise of other party such that promise becomes lawfully binding.
In other words. for promise to be lawfully adhering. it must seek something or some action in return. Promisee must demo that they have “bought” the promise either by making some act in return for it. or by assuring to make or forbear from making some act in return for it. As stated in jurisprudence which is An Agreement to Compensate for a Past Voluntary Act Section 26 ( B ) . under this exclusion. the promiser promised to give the promisee something because the promisee has done something voluntarily before the promise was made.
When this happens. the promise made by the promiser is valid although there was no consideration on the promisee’s portion. In the event that the promiser did non make what he has promised. the promisee can action him for breach of promise. This means. the promise that Gandalf has made is valid and Gandalf can be sued by tribunal if Froddo make an action to counterbalance the wages as good. And there is another act which is Agreement to Compensate an Act the Promisor was Legally Compelled to Make Section 26 ( B ) .
In order to utilize this exclusion. there are three conditions to carry through. First. the promise has voluntarily done an act. To use in this instance. as we can see. Froddo took the ring with him since he knew the ring was belonged to Gandalf. Generally. Froddo did it voluntary without cognizing that Gandalf would give a wages to those who return the ring to him. If Froddo did non take the ring with him. perchance the ring would be found by anyone else and was non returned to Gandalf. That is the benefit Gandalf could acquire and Froddo should acquire the wages.
Second. the act that was done by the promise was really an act that the promiser himself was lawfully bound to make. To use this. we know that Gandalf himself is bound to honor those who return his pealing back to him with RM5000. This is a promise that Gandalf has made by himself although there was no consideration between Froddo and himself. Last. the understanding must be counterbalance the promise either entirely or partially for what the promisee had done. Whatever it is. Gandalf must counterbalance Froddo the sum that he had promised before as the wages of returning his ring.
If Gandalf did non execute this act. Froddo can action him for breach of promise every bit good. As we might cognize. there is a instance for this act. It is J. M. Wotherspoon & A ; Co Ltd VS Henry Agency House. In this instance. there were promises of compensation made by the D to the P in regard of past act. However. these promises were non supported by consideration. So. those promises could merely be lawfully enforceable if it is a promise to counterbalance a individual who has already voluntarily done something for the promiser.
Held: Voluntarily means the Acts of the Apostless performed or done by one’s ain pick and non constrained. prompted or suggested by another. In this instance. the P had acted on the suggestion of the D. So the P’s action could non be said to hold been done voluntarily. Therefore. the promise made by D to counterbalance the P was non an enforceable contract within the exclusion of Section 26 ( B ) . Back to this instance. if Froddo pays a all right imposed by the tribunal on Gandalf who promises to counterbalance him. that promise is adhering under this proviso and Gandalf can be sued for breach a contract.
To reason. Froddo could win over this instance which similar to Gandalf can be sued by the tribunal or Froddo can claim the wages that has been made by Gandalf himself and Gandalf is free from any tribunal action. In the other manus. if Froddo was cognizant of the wages before he handed the ring over to Gandalf but his purpose in passing back the ring to Gandalf was on good will. I think the consideration was non go oning and there was no contract between Froddo and Gandalf at all.
