Lampleigh v Braithwait [1615] EWHC KB J 17, (1615) Hobart 105, 80 ER 255 (misspelled above) is a case on implied assumpsit and past consideration in English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

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Facts

Braithwait killed a man called Patrick Mahume unlawfully. He asked Lampleigh to ride to the King and petition for a pardon. Lampleigh was successful. When he came back and Brathwait was released, Brathwait promised £100 to Lampleigh. But he never paid up. Lampleigh sued. Braithwait said that because the service had been performed in the past, before the promise, there was no good consideration at the time for the promise.

Judgment

The Court of the King's Bench held that there was an implied understanding (i.e. implied assumpsit, or "assumption" of obligation) that a fee would be paid. Where a past benefit was conferred at the beneficiary's request, and where a reward would reasonably be expected, the promisor would be bound by his promise.