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- Title
PRACTICAL BENEFITS AND PROMISES TO PAY LESSER SUMS: RECONSIDERING THE RELATIONSHIP BETWEEN THE RULE IN FOAKES V BEER AND THE RULE IN WILLIAMS V ROFFEY.
- Authors
THAMPAPILLAI, DILAN
- Abstract
The article reports the decision of the British Court of Appeal in cases "Williams v Roffey" and "Foakes v Beer" related to contract modifications and the validity of viewing a 'practical benefit' as consideration for a fresh promise. Topics discussed include the doctrine of consideration which states that a promise to perform an existing duty is not sufficient consideration for a fresh promise; resolution of the contradictory positions; and practical benefits exception to the duty rule.
- Subjects
INTERPRETATION &; construction of contracts; PROMISES; PROMISE (Law); PROMISSORY fraud; BREACH of contract; ETHICS; LAW
- Publication
University of Queensland Law Journal, 2015, Vol 34, Issue 2, p301
- ISSN
0083-4041
- Publication type
Article