Contract Essay - The decision in Williams v Roffey.
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Contract Essay Tan Se Lene Tutorial Timeslot: Wed 10-11am The decision in Williams v Roffey has broken new ground in the doctrine of consideration, suggesting that if a promise to raise the price paid to the promise is made in the spirit of a genuine attempt to resolve any difficulties which might have arisen during the performance of the contract, the promise can be enforced as consideration for the new promise can come in the form of "practical benefit"1. The Court of Appeal tested the validity of this promise by reliance on economic duress, and since none was found2, the promise was held to be enforceable. This liberal view of what constitutes consideration is questionable on many grounds. Firstly, Glidewell L.J. made an error when he placed his proposition (v) before (vi) in his 6-stage test.3 Their positions should be reversed.4 The test of validity based on the absence of duress should not be...

