An Agreement to Compensate for a Past Voluntary Act Section 26(b)
QUESTION:
During a journey to Modor, Froddo found a golden ring, which was lying on the muddy track. He took it with him since he knew that it belonged to Gandalf. Upon arrival, he went to see Gandalf and gave him that ring. Later on, he discovered that Gandalf had advertised a reward in the sum of RM5000 for the return of the ring. Advise Froddo as to whether he could claim the reward.
Would your answer be different if Froddo was aware of the reward before he handed the ring over to Gandalf but his intention in handing back the ring to Gandalf was on goodwill?
ANSWER:
In this case, Froddo has found a golden ring during a journey to Modor. Froddo took the golden ring as he knew the ring was belonged to Gandalf. Literally, Froddo did not aware about the advertisement that Gandalf advertised earlier that he has offered RM5000 for reward to those who found the ring. In this case, Froddo can claim the reward from Gandalf although there was no consideration been made between Gandalf and Froddo.
A common definition of consideration is in terms of the price of a promise is what one party must “pay” (not necessarily in financial terms) for promise of other party such that promise becomes legally binding. In other words, for promise to be legally binding, it must seek something or some action in return. Promisee must show that they have “bought” the promise either by doing some act in return for it, or by promising to do or refrain from doing some act in return for it.
As stated in law which is An Agreement to Compensate for a Past Voluntary Act Section 26 (b), under this exception, the promisor promised to give the promisee something because the promisee has done something voluntarily before the promise was made. When this happens, the promise made by the promisor is valid although there was no consideration on the promisee’s part. In the event that the promisor did not do what he has promised, the promisee can sue him for breach of promise. This means, the
During a journey to Modor, Froddo found a golden ring, which was lying on the muddy track. He took it with him since he knew that it belonged to Gandalf. Upon arrival, he went to see Gandalf and gave him that ring. Later on, he discovered that Gandalf had advertised a reward in the sum of RM5000 for the return of the ring. Advise Froddo as to whether he could claim the reward.
Would your answer be different if Froddo was aware of the reward before he handed the ring over to Gandalf but his intention in handing back the ring to Gandalf was on goodwill?
ANSWER:
In this case, Froddo has found a golden ring during a journey to Modor. Froddo took the golden ring as he knew the ring was belonged to Gandalf. Literally, Froddo did not aware about the advertisement that Gandalf advertised earlier that he has offered RM5000 for reward to those who found the ring. In this case, Froddo can claim the reward from Gandalf although there was no consideration been made between Gandalf and Froddo.
A common definition of consideration is in terms of the price of a promise is what one party must “pay” (not necessarily in financial terms) for promise of other party such that promise becomes legally binding. In other words, for promise to be legally binding, it must seek something or some action in return. Promisee must show that they have “bought” the promise either by doing some act in return for it, or by promising to do or refrain from doing some act in return for it.
As stated in law which is An Agreement to Compensate for a Past Voluntary Act Section 26 (b), under this exception, the promisor promised to give the promisee something because the promisee has done something voluntarily before the promise was made. When this happens, the promise made by the promisor is valid although there was no consideration on the promisee’s part. In the event that the promisor did not do what he has promised, the promisee can sue him for breach of promise. This means, the