ICANBusiness LawLaw of Contract: Formation2024

Kalu voluntarily repaired a commercial delivery van belonging to Emeka without any prior request or agreement. Two weeks after the repairs were completed, Emeka expressed gratitude and promised in writing to pay Kalu ₦150,000 for the work done. Emeka subsequently refused to pay. Can Kalu enforce this promise under the Nigerian law of contract?

AYes, because the promise was made in writing
BYes, because Kalu conferred a substantial financial benefit on Emeka
CNo, because Kalu's work constitutes past consideration, which is generally invalidCORRECT
DNo, because contracts involving motor vehicle repairs must be executed under seal
AI
Toaster Teacher
Why the answer is C, and why the others tempt you.
Under the fundamental rule of consideration established in Re McArdle and affirmed in Nigerian jurisprudence (e.g., Akpan v UBN Plc), consideration must not be past. An act performed before a promise is made, without a prior request, cannot support a subsequent promise of payment.
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