... However consideration is not a valid consideration in certain instances. The first is that consideration is not valid should it be an existing public duty. For example in the case of Collins V. Godefroy (1831) there was a lawyer who was obliged to go to court as a witness, but separately agreed to go if he was paid. It was held that fulfilling existing legal duty is not a valid consideration, as it must be done anyway. On the other hand in the case of Ward v Byham (1956) The mother of an illegitimate child was offered £1 a week by its father to care for the child, keeping it "well looked after and happy". She was, of course, already under a statutory duty to care for her child. The court held that she had promised to do something more than her mere statutory duty and that the father's promise ...

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