Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Performance of a legal duty cannot be a consideration for a promise.
FACTUAL SITUATION: 'A's wallet is stolen by a thief. 'A' lodges a complaint in the police station. 'A' promises to pay a sum of Rs. 500 to the person who is able to apprehend the thief and get back his wallet. The policeman's servant 'X' apprehends the thief and gets back the wallet. 'A' refuses to pay 'X' the promised Rs. 500.
Choose the correct option:
I. The servant is entitled to the reward
II. The policeman would have been entitled to the reward had been the person to apprehend the thief
III. The policeman would be entitled to the reward even if he had not apprehended the thief
IV. The servant would not be entitled to the reward
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Performance of a legal duty cannot be a consideration for a promise.
FACTUAL SITUATION: 'A's wallet is stolen by a thief. 'A' lodges a complaint in the police station. 'A' promises to pay a sum of Rs. 500 to the person who is able to apprehend the thief and get back his wallet. The policeman's servant 'X' apprehends the thief and gets back the wallet. 'A' refuses to pay 'X' the promised Rs. 500.
Choose the correct option:
I. The servant is entitled to the reward
II. The policeman would have been entitled to the reward had been the person to apprehend the thief
III. The policeman would be entitled to the reward even if he had not apprehended the thief
IV. The servant would not be entitled to the reward
The correct option is B I only
It is an established principle that performance of an existing legal duty does not constitute a consideration for promise. It was held in the case of Collins v Godefroy that performance of a duty which is required by a statute does not entitle one to enforce promise. But in the present instance, the servant was not under a legal duty to perform the duty of catching the thief. It was the work of the policeman who did not do it himself.
It is an established principle that performance of an existing legal duty does not constitute a consideration for promise. It was held in the case of Collins v Godefroy that performance of a duty which is required by a statute does not entitle one to enforce promise. But in the present instance, the servant was not under a legal duty to perform the duty of catching the thief. It was the work of the policeman who did not do it himself.
