Am I legally allowed to ask my contractor for a birthday cake?
A man from the UK named Andy Donaldson was renting a property, and when reviewing the lease agreement, he decided to have a little fun.
He inserted a small but amusing clause into the contract, requiring the landlord to provide him with a birthday cake every year on his birthday.
The exact wording of the birthday cake clause is hard to verify, However, based on what has been shared, the clause was something like:
"The landlord agrees to provide the tenant with a birthday cake on [tenant’s birthday] each year during the tenancy."
Surprisingly, the landlord either didn’t notice or simply agreed to the clause. When Andy's birthday arrived, he jokingly reminded the landlord of the agreement, and to his delight, the landlord actually followed through—delivering a cake as per the contract!
The story spread online as an example of how carefully reading contracts (or not reading them carefully enough) can lead to unexpected but entertaining results.
It also became a lesson in contract law—technically, if both parties agreed to it, the clause was legally binding. Of course, enforcing something like this in court would be questionable, but it highlights how contract terms can be as creative (or bizarre) as the parties involved want them to be.
Over 20+ years experience delivering projects for mining, oil, gas, coal, civil, tier 1 clients in Australia.
In Australia, you can include a clause in a legal contract requiring your contractor to buy you a birthday cake on your birthday. However, for it to be legally enforceable, it must meet standard contract law principles, such as:
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Consideration – There must be a mutual exchange of value. If the cake clause is a condition tied to payment or other contractual benefits, it may be enforceable.
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Clarity – The requirement must be clear (e.g., type of cake, cost limit, delivery method).
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Legality – The request must not violate any laws or public policy.
Contracts can include almost any agreement imaginable, as long as the terms are legal, clear, and agreed upon by all parties.
A man from the UK named Andy Donaldson was renting a property, and when reviewing the lease agreement, he decided to have a little fun.
He inserted a small but amusing clause into the contract, requiring the landlord to provide him with a birthday cake every year on his birthday.
The exact wording of the birthday cake clause is hard to verify, However, based on what has been shared, the clause was something like:
"The landlord agrees to provide the tenant with a birthday cake on [tenant’s birthday] each year during the tenancy."
Surprisingly, the landlord either didn’t notice or simply agreed to the clause. When Andy's birthday arrived, he jokingly reminded the landlord of the agreement, and to his delight, the landlord actually followed through—delivering a cake as per the contract!
The story spread online as an example of how carefully reading contracts (or not reading them carefully enough) can lead to unexpected but entertaining results.
It also became a lesson in contract law—technically, if both parties agreed to it, the clause was legally binding. Of course, enforcing something like this in court would be questionable, but it highlights how contract terms can be as creative (or bizarre) as the parties involved want them to be.
Compliant with AS4000 - 1997; General conditions of contract.
The moral of the story? Always read contracts thoroughly, negotiate where necessary, and whenever possible, be the one writing the terms.
A well-crafted contract ensures that the agreement works to your advantage rather than leaving you at a disadvantage.
At Fair Dinkum Projects, we craft fair contracts that work for both the home owner and the contractor, ensuring clear terms, strong protections, and fairness.
Our agreements are designed to put you in control, minimizing risks while maximizing your benefits.
And because we believe in adding a little extra value, we’ll even throw in a birthday cake on your next birthday—because a good contract should be rewarding in more ways than one!
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