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To discuss this extract, understanding of previous case law surrounding consideration must be undertaken. Pinnel's Case 1602
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Background Consideration is usually described as being something that represents either some benefit to the person making a promise or some detriment to the person to whom the promise is made or bothı This basically means that in a contract two promises are made, person A will do something or provide a service, in return for something or a service from person B and vice versa rather than a gratuitous promise which can be defined as a favour or gift as nothing is expected in return and therefore no consideration of the other party is required. The most significant aspect of the decision (Musumeci v Winadell Property Limited 1994) is undoubtedly the extension of Williams v Roffey Bros to a case in which the consideration takes the form of a grant of a concession. The effect of this approach is to make it more difficult to conclude that there is a difference in...
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