Consideration. Martino was a police officer in Atlantic City. Gray, who had lost a significant amount of her jewelry during a burglary of her home, offered a reward for the recovery of the property. Incident to his job, Martino possessed certain

Question

knowledge concerning the theft of Gray's jewelry. When Martino informed Gray of his knowledge of the theft, Gray offered Martino $500 to help her recover her jewelry. As a result of Martino's police work, the jewelry was recovered and returned to Gray. Martino sued Gray for the reward he claimed she had promised him. Was there a valid contract between Gray and Martino?

Answer 1

Consideration
Martino cannot recover in a suit against Gray because the contract that Martino alleges was not supported by valid consideration. As a police officer, Martino owed a preexisting duty to the general public, and part of his duty included his general obligation to Gray to work toward the recovery of her property. Because of this preexisting duty, there was no valid contract between Gray and Martino. The performance of a legal duty cannot constitute consideration. "Public policy and sound morals alike forbid that a public officer should demand or receive, for services performed by him in the discharge of official duty, any other or further remuneration or reward than that prescribed and allowed by law."