owner or sniffing a smoke ball have to be proved to be of economic value to the person promising the reward. Indeed, in Carlill v Carbolic Smoke Ball Co Ltd [1893] 1 QB 256, p 271, Bowen LJ stated ‘Inconvenience sustained by one party at the request of the other is enough to create a consideration’. (Of course, on the facts, he also felt the company received a benefit at least indirectly, because the use of the smoke balls would help promote their sale. This would have some ascertainable economic value.) Performance of existing duties owed by law : A number of 19th century decisions suggest that if the promisee simply performs that which he is legally bound to perform, he will provide an insufficient consideration for the promise of the other party. Thus, if a witness agrees, for reward, to attend court in order to give evidence on behalf of the promisor, the promise of the latter will be unenforceable because it is given in

doi:10.4324/9781843141518-62

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owner or sniffing a smoke ball have to be proved to be of economic value to the person promising the reward. Indeed, in Carlill v Carbolic Smoke Ball Co Ltd [1893] 1 QB 256, p 271, Bowen LJ stated ‘Inconvenience sustained by one party at the request of the other is enough to create a consideration’. (Of course, on the facts, he also felt the company received a benefit at least indirectly, because the use of the smoke balls would help promote their sale. This would have some ascertainable economic value.) Performance of existing duties owed by law

ABSTRACT

A number of 19th century decisions suggest that if the promisee simply performs that which he is legally bound to perform, he will provide an insufficient consideration for the promise of the other party. Thus, if a witness agrees, for reward, to attend court in order to give evidence on behalf of the promisor, the promise of the latter will be unenforceable because it is given in return for something which has no value in the eyes of the law.39