## Facts

- Collins was subpoenaed to appear in court as a witness in a case where Godefroy was a party.
- Godefroy promised to pay Collins a sum of money for each day Collins attended court.
- Collins attended court for six days but was not called to give evidence.
- Collins requested payment from Godefroy, who refused on the basis that payment was not legally owed.
- The dispute was brought before the High Court to determine whether the promise to pay Collins constituted a valid and enforceable contract.

## Issues

1. Whether the promise to pay Collins for attending court when he was under a legal obligation to do so constituted valid consideration.
2. Whether a contract could be enforced where the act promised as consideration was already required by law.

## Decision

- The court ruled in favor of Godefroy, holding there was no legally binding contract.
- It was determined that Collins’s attendance, being a legal duty due to the subpoena, did not constitute valid consideration.
- Lord Tenterden C.J. held that a promise for remuneration for fulfilling a legal or public duty, such as attending as a witness when subpoenaed, lacks consideration and is unenforceable.
- The court noted that enforcing such promises would be against public policy by allowing remuneration for public duties.

## Legal Principles

- Performance of a pre-existing legal duty does not constitute valid consideration for the formation of a contract.
- Consideration must involve a new obligation or benefit, not merely fulfillment of an existing legal or public duty.
- Promises to pay for acts already required by law are not legally enforceable due to lack of consideration.
- The principle is fundamental in distinguishing between legally compelled actions and voluntary contractual obligations.

## Conclusion

Collins v Godefroy confirmed that carrying out a duty already imposed by law, such as attending court under subpoena, cannot serve as valid consideration, and thus, a promise to pay for such performance is not contractually enforceable. This principle remains central to the doctrine of consideration in contract law.


Collins v Godefroy [1831] EWHC KB J18