- 8 Marks
Question
Luandem resides in Rayfield area of Jos and has many helpful neighbours. The closest of these neighbours is Dakkas, a specialist in landscaping. Luandem travelled to Maiduguri as a volunteer to assist the International Commission of the Red Cross in caring for Internally Displaced Persons (IDPs). The escalation of internal displacement made it impossible for Luandem to return to Jos on time to the extent that he spent six months of the rainy season there instead of a month that he planned to spend. Seeing that Luandem’s compound was overgrown with weeds, Dakkas took it upon himself to mow the lawns twice a month for four months. In addition, he planted roses as hedges to the compound.
Luandem returned from Maiduguri last month and promised to pay Dakkas a sum of N100,000 for his labour of love in taking care of his compound in his absence. Dakkas has waited for two months in expectation of the payment. He is hard-pressed for money presently because of his son’s demand for school fees. Therefore, he intends to sue Luandem for the money after repeated demands by him and failed promises by Luandem.
Required:
Explain the principle of the law of contract that applies to Dakkas’ plan and apply it in advising Dakkas.
Answer
The principle that applies to the relationship between Luandem and Dakkas is past consideration. According to contract law, consideration must not be past. Consideration can be either executory (a promise to be performed in the future) or executed (performed in return for a promise), but if it is past, it cannot support a contractual obligation.
In this case, Dakkas performed the landscaping work without any prior agreement or request from Luandem, and Luandem’s promise to pay came after the work was done. This makes the consideration “past,” and it is not actionable. As such, Dakkas cannot successfully sue for the N100,000 because the promise to pay was made after the performance of the service, and there was no binding contract at the time of the act.
- Tags: Contract Law, Past Consideration, Promise to Pay
- Level: Level 1
- Topic: Law of Contract
- Series: MAY 2021
- Uploader: Kwame Aikins