LLB 120 : Contract Law A Outline
Document Summary
Consideration may still be seen as having been given where: the promisee derives a practical benefit from a promise to perform a pre existing legal obligation (williams v roffey), especially where the performance of the contract is worth more than any remedy against the promisor. (musumeci v winadell): fresh consideration is given. (e. g. a promise is made to do something more than agreed upon in an original contract in return for, say, extra payment. This means that the promisor has a legal right not to consider themselves bound to perform their consideration, assuming that this claim was honestly made. (wigan v edwards): the promise to perform the existing legal duty was made to a party not of the original contract that formed the legal duty. (pau on v lau yiu long), where the original contract is terminated and replaced, as promises are seen as new promises and hence consideration for them is seen as fresh. (musumeci v winadell).
