Glasbrook Bros Ltd v Glamorgan County Council [1925] AC 270

House of Lords

Basic Facts: X requested a significant police presence at his colliery during a miners’ strike to ensure the mine remained operational. Z (the police commander) agreed to provide extra police services for a specified payment, stating that the regular police presence was insufficient. After the strike, X refused to pay, arguing that the police were already under a statutory duty to protect the mine.

Issue for the Court: Can a pre-existing duty imposed by general law constitute valid consideration for a contract?

Held : The court held that the extra police services constituted valid consideration. The extra services provided by the police went beyond their statutory duties, thus constituting valid consideration for the additional payment.

• Viscount Cave : While the police had a general duty to maintain order, the extra services agreed upon were not part of their regular duties and therefore could be contractually compensated.

• Lord Carson (dissenting) disagreed, arguing that the police were fulfilling their statutory duties, and thus no additional consideration was provided beyond their pre-existing obligations.