In certain circumstances, certain rights and liabilities attached to land are enforceable by or against subsequent holders of the land. This is particularly the casein the law of leases.
6. Consideration must be something in excess of a public duty owed bythe plaintiffThis rule means that performance by the plaintiff of a public duty owed by him is not sufficient consideration fora promise to pay. In
Collins v. Godefroy, the defendant was involved in a civil case and the plaintiff had given evidence in the matter but was reluctant to do so in future. The defendant promised him 6 pounds if he continued giving evidence which he did. The defendant did not honour his promise and was sued. Question was whether the plaintiff had provided consideration for the defendants promise to pay. It was held that the promise was unenforceable as the plaintiff had not provided consideration but had merely performed a public duty.
However anything in excess of a public duty amounts to consideration. In
Glassbrook Brothers v. Glamorgan County Council, the defendant owned a mine and at the material time the workers were on strike. The defendant requested the plaintiff to provide a stationary guard to protect the mine and promised to pay for the services. The plaintiffs who are not bound to provide a stationary guard provided the service but were not paid.
In an action to enforce the promise, it was held that the plaintiffs were entitled to payment as they had done more than the duty required and had therefore provided consideration.
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