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- Title
OF WHAT PRACTICAL BENEFIT IS PRACTICAL BENEFIT TO CONSIDERATION?
- Authors
Ogilvie, M. H.
- Abstract
The article focuses on the impact of the decision of the New Brunswick Court of Appeal on the case between Greater Fredericton Airport Authority Inc. and NAV Canada to the future of consideration in contracts. It cites the case Williams v Roffey Bros. & Nicholls, in which the principle of practical benefit was formulated and was accepted by the New Brunswick Court of Appeal in NAV Canada decision. It states that there will be no reason for imposing modified agreements if practical benefit is a restatement of consideration in any contract. Furthermore, it mentions that the cornerstone of common law contract is consideration and the removal of consideration might have an impact in economic exchange.
- Subjects
CONSIDERATION (Law); ACTIONS &; defenses (Law); NAV CANADA (Company); GREATER Fredericton Airport Authority Inc.; ROFFEY Bros. &; Nicholls (Contractors) Ltd.; CONTRACTS &; economics; LEGAL judgments; COMMON law; EXCHANGE
- Publication
University of New Brunswick Law Journal, 2011, Vol 62, p131
- ISSN
0077-8141
- Publication type
Article