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Words: | Submitted: Mon Jun 19 2006
... a third party. When an individual is carrying out a duty that they are legally obliged to perform we call it existing duty, such as in the case of Glasbrook Brothers v Glamorgan County Council (1925). Glasbrook brothers owned a mine and the workers went on strike. The police were asked to patrol, but stated that they would only provide a mobile unit as opposed to a static guard, as a static guard would require a permanent member of the force, costing the police extra man hours. The police agreed to provide a static guard and Glasbrook brothers agreed to pay them £2200. When the strike was over Glasbrook brothers refused to pay. They claimed that the police had an existing duty to protect the mine. Viscount Cave LC said, " The police had provided an extra service which amounted to consideration". We can see that in this case existing ...
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