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Review Your SQE 1 Practice Records

Examination Timing: 00H00M14S

Jonathan sold his friend, Alex, a laptop, and a few days later, promised Alex that the laptop was free of viruses. After using the laptop, Alex found it contained viruses. 


Is Jonathan's promise enforceable?

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Jonathan's promise is unenforceable because it was made after the sale, and therefore, there was no consideration. The rule of past consideration states that a promise made in return for an act that has already been completed is not enforceable because it lacks consideration. In this case, since the promise about the laptop being virus-free was made after the sale, it does not form part of the original contract, and thus, Alex cannot enforce it. 


Key Point: Consideration is a fundamental element of contract formation. A promise made after the completion of a contract, without new consideration, is generally unenforceable.

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