Lampleigh v Brathwait
Lamplugh v Brathwaite (1615) Hobart 105, 80 ER 255 (also spelled Lampleigh v Braithwaite) is a case on implied assumpsit and past consideration in English contract law.
Facts
Braithwaite killed a man called Patrick Mahume unlawfully. He asked Lamplugh to ride to the King and petition for a pardon. Lamplugh was successful. When he came back and Brathwaite was released, Brathwaite promised £100 to Lamplugh. But he never paid up. Lamplugh sued. Braithwaite said that because the service had been performed in the past, before the promise, there was no good consideration at the time for the promise.
Judgment
The Court of the King's Bench held that there was an implied understanding (i.e. implied assumpsit, or "assumption" of obligation) that a fee would be paid. Where a past benefit was conferred at the beneficiary's request, and where a reward would reasonably be expected, the promisee would be bound by his promise.