x enters into a contract with y
x refurbishes y's flats for a price of 5million
y is unable to pay the full amount on the due day and only pays 3 million
x promises to accept this in full settlement because they need the money inorder to start contract with z otherwise penalty clause will be imposed
x now claims the remaining 2 million
y appeals to the Supreme Court on the following ground:
1) Following the principles established in Williams v Roffey Bros & Nicholls
(Contractors) Ltd [1991] 1 QB 1, the payment of a lesser amount can be
sufficient consideration if that payment creates a benefit
need help with this question I am the respondent so far I have argued that there is no consideration for the promise ( pinnels case and foakes and beer) and re select move Williams and roffey cant be applied to part payment of a debt
what other submissions could I make??
the appealant is going to try and apply Williams and roffey and maybe implement promissory estoppel do you think I could argue duress, no reasonable alternative than to accept the lesser amount or is that irrelevant?