Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick, a local estate agent, to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However, Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast in July 2008, she is grateful to Frederick and tells him that she will give him £500 for his work. In October 2008 Frederick still has not to receive his payment.
Can Frederick enforce the promise?
From the case above the main issue is whether Frederick will be able to show that the promise which Mrs Hyndley made to him of the payment of £500 for the work which he did for her can be classified as consideration as this work was a benefit to Mrs Hyndley as she got to go on her 6 month around the world cruise, whilst Frederick collected the rents from her student tenants for the two properties which she owns in Belfast.
There is a simple fairness that promises must be kept and Mrs Hyndley promised Frederick £500 for the work which he did for her therefore it is only fair that Frederick gets the £500 which Mrs Hyndley promised him. However whether Frederick will be able to enforce this promise which Mrs Hyndley made is questionable as Mrs Hyndley could argue that Frederick should have discussed with her the terms or payments for the work which she asked him to do before he completed the work for her and as it was not discussed before the work was done it was therefore not clear that a payment for the work which Frederick was doing for her was expected, due to their relationship as friends and neighbours.
This case is past consideration where the promise which Mrs Hyndley made to Frederick was based upon consideration that was provided before the promise