Williams V Roffey Brothers Case Study

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Introduction To introduce “consideration”, Currie v Misa (1875) define it as, “a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.” There also comes out a rule that “consideration must move from the promise”, means that a promise or an act means promise need to be state and find out the way to complete it. Otherwise, if any statement of apparent intention that is not a clear promise cannot function as consideration. Therefore, there must be an actual act that is performed a statement of promise. Consideration must consist, in the end, the way to complete the consideration and promise need to be state when the contract happened, but …show more content…

In the case of Williams’s v Roffey Brothers (1990) attracts much controversy. The case involved the defendants who were the main contractors on a building site, he also realizes that the subcontractor carpenters who has financial difficulties and threat the subcontractor by not completing the work. To ensure the claimants completed work on time the defendants offered them extra payments. This was because the defendants would have been taken a penalty just because if the work was not completed on time. The offer was accepted but when the payments were not asked the claimants sued for the payments. It was held that the claimant was entitled to the amount of money because the subcontractors were in financial difficulties and the defendants did obtain a benefit from the subcontractors work. They wouldn’t have to pay the penalty clause. The case has contributed to the criticisms of the consideration doctrine, that only one sided contract modifications need to be involving “the same for more”, but not “less for the same” modification (Atiyah,

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