YamsAreYams
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Tom works as a retailer in the Sure to Shop Store. His contract of employment gives him an average salary of £12,000 and commission payments on any products. In the previous 3 years, his commission payments have added up to £9000.

The economy went through a recession, affecting the store. The manager, Michael, told Tom that the business was at risk of bankruptcy, and he had to reduce the firm's outgoings. Therefore, Michael told Tom if he would stop receiving a salary from 2017 to 2019, and only receive commission only. Michael told Tom that this was needed of him and the rest of the staff or the business would end up owing a lot of debts to creditors. Therefore, Tom accepted the contract.

In 2019, the economy started to grow, the store managed to survive the hardships of the recession. This, Tom now feels that he should be able to receive his wages for 1019 and not rely on his commissions that were agreed on in 2017. He also wishes if he can also claim the wages for 2017 and 2018 as the store had enough funds to pay this.

Is Tom able to claim the wages for 2019, and also if he was able to claim wages that he agreed no to accept for the years 2017 and 2018?

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So In a contract, you need offer, acceptance, consideration, and intentions to create legal relations.
I'm having trouble explaining consideration in this question more about how existing legal obligations cannot be a good consideration. I thought that there was consideration since there was a practical benefit of being able to keep the job at the time of the recession.I used the case williams vs roffeys for this point.But I'm not sure if this is right.
Last edited by YamsAreYams; 4 months ago
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tinygirl96
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