Glasbrook Brothers v Glamorgan County Council [1924]
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Glasbrook Brothers Ltd v Glamorgan County Council [1924] UKHL 3 set an important precedent in English contract law in relation to the concept of consideration. It established that the promise to pay for police protection made by Glasbrook Brothers was supported by consideration, even though the police were already under a general duty to provide protection.
Glasbrook Brothers, the owners of a colliery, faced a situation where they required police protection due to the ongoing labor dispute. The police, however, could only afford to provide visiting patrols. They proposed to station constables on the premises in exchange for a financial contribution from Glasbrook Brothers. After the strike, the police presented a bill for their services, but the colliery refused to pay, leading to a legal dispute.
The primary issue before the court was whether the police authority had provided fresh consideration for Glasbrook Bros' promise to pay for the extra police protection.
The colliery owners argued that there was no consideration for their promise to pay, and such an agreement was against public policy. Mr Justice Bailhache initially entered judgment for the plaintiffs, stating that when an individual requests special protection and promises to pay for it, the obligation arises. This decision was affirmed on appeal by a majority.
The case is significant because it introduced an exception to the general rule regarding consideration in contract law. Traditionally, doing something that a party is already legally bound to do is not considered valid consideration for a new agreement. However, this case established that if a party goes beyond its existing legal duty and provides something extra, that extra effort can constitute valid consideration for a new promise.
In this case, the police exceeded their normal duty by offering specific and enhanced protection in response to Glasbrook Brothers' request. The court recognised this extra effort as valid consideration for Glasbrook Brothers' promise to pay for the police services. The principle here is that the consideration doesn't always have to be a new act but can include doing more than what is expected under an existing duty.
This case remains an important case in contract law, illustrating how courts may find valid consideration even when parties are already under a legal duty, provided that something extra is given or done beyond that duty. This exception acknowledges the complexities of contractual relationships, especially in situations involving public duties and requests for enhanced services.
Glasbrook Brothers, the owners of a colliery, faced a situation where they required police protection due to the ongoing labor dispute. The police, however, could only afford to provide visiting patrols. They proposed to station constables on the premises in exchange for a financial contribution from Glasbrook Brothers. After the strike, the police presented a bill for their services, but the colliery refused to pay, leading to a legal dispute.
The primary issue before the court was whether the police authority had provided fresh consideration for Glasbrook Bros' promise to pay for the extra police protection.
The colliery owners argued that there was no consideration for their promise to pay, and such an agreement was against public policy. Mr Justice Bailhache initially entered judgment for the plaintiffs, stating that when an individual requests special protection and promises to pay for it, the obligation arises. This decision was affirmed on appeal by a majority.
The case is significant because it introduced an exception to the general rule regarding consideration in contract law. Traditionally, doing something that a party is already legally bound to do is not considered valid consideration for a new agreement. However, this case established that if a party goes beyond its existing legal duty and provides something extra, that extra effort can constitute valid consideration for a new promise.
In this case, the police exceeded their normal duty by offering specific and enhanced protection in response to Glasbrook Brothers' request. The court recognised this extra effort as valid consideration for Glasbrook Brothers' promise to pay for the police services. The principle here is that the consideration doesn't always have to be a new act but can include doing more than what is expected under an existing duty.
This case remains an important case in contract law, illustrating how courts may find valid consideration even when parties are already under a legal duty, provided that something extra is given or done beyond that duty. This exception acknowledges the complexities of contractual relationships, especially in situations involving public duties and requests for enhanced services.
