Question

True/False: In Scotson v Pegg (1861), the claimant could recover the sums paid because the defendant was already under an existing duty to carry and unload the coal.

Answer 1

True. In Scotson v Pegg (1861), the claimant could recover the sums paid because the defendant was already under an existing duty to carry and unload the coal. This case established that when a person is already under a legal obligation to perform an act, promising to do so in return for payment is not valid consideration

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