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williams v roffey bros and nicholls - how the laws changed ?

2

hiya just wanted to check something
i have a question asking to analyse how the Court of Appeal's decision in Williams v Roffey Bros & Nicholls Ltd changed the law

is this just the idea that RB obtained a pratical benefit because they avoided the penalty clause from their own contract with the housin association and the rule that where a party to an existing contract later agrees to pay an 'extra bonus' in order that one party performs his obligations under the original contract, then the new agreement is binding if the party agreeing to pay the bonus thereby gained some new practical benefit or avoided a disadvantage? so consideration need not be adequate but must be sufficient in this case?

or am i going off track here? is that not how the laws change?

Reply 1

woofums

13

I have loads on this but i would have to go look for it which i can do later. but i found this on the internet

Spoiler

Its from this http://review.society.cz/index.php?Itemid=2&id=39&option=com_content&task=view

Reply 2

babybuffy

OP

2

ok thank you! so the main idea is consideration - practical benefit ! thanx :smile:

Reply 3

jacketpotato

20

It means that the concept of 'practical benefit' can count as consideration. Nothing more complicated than this.

The problem is that the concept is very uncertain and potentially ludicrously wide: one of the PBs mentioned, 'not having to sue to enforce your rights' applies to every conceivable case, and if this were sufficient on its own, there would be no point in having a consideration requirement at all since it would always be met. This plainly cannot be the case, so exactly what counts as a 'practical benefit' is very unclear.

Reply 4

babybuffy

OP

2

ok thank you very much for helping me with that!! xxxx

Reply 5

FHNFredrick

yeah the main thing is you have all your rules to consideration, however a practical benefit can itself be seen as valid consideration

:]

Reply 6

S_Dimelow

There's an article in the Cambridge Student Law Review (which you can get online) which is all about consideration and the pit falls of using a practical benefit as such. Sounds like it would probably be quite useful.

Reply 7

marietunks

How Does It Differ Between Williams V Roffey And Stilk And Myrick My Head Is Spinning

Reply 8

jacketpotato

20

marietunks

How Does It Differ Between Williams V Roffey And Stilk And Myrick My Head Is Spinning

The starting point is the basic rule, for which your basic authority is Stilk v Myrick or Foakes v Beer. The basic rule is that you need consideration for a contract, and you need consideration to vary a contract.

Roffey doesn't change the rule. What Roffey does is creates a concept of "practical benefit" and says that this counts as consideration. Roffey says that if you can find a "practical benefit", this is consideration. Roffey doesn't actually change the basic rule - it widens what counts to satisfy that rule. After Roffey, a court is more likely to find that there is consideration on the facts in a contract variation case than it would have been before.

Reply 9

marietunks

Thanks For Help First Year Flexi Student And Uni Staff Aren't Too Good, I Will Be Intouch Soon Because I First Assement Is Due On 12th Dec Which We Should Have Had 14wks To Do But Haven,t We All Have To Do Contract 1 Tort 1 And English And Europian Union Legal System So God Help Us

Marie

Reply 10

BerniceHo

1

Hi, how do I connect the lines between Re Selectmove case, William and Roffey Brros case and also South caribbean trading ltd (‘sct’) v trafigura beheer case?Does Re Selectmove and South caribbean trading ltd (‘sct’) v trafigura beheer made Roffey a good case?

Reply 11

Mimir

20

Original post

by BerniceHo

Hi, how do I connect the lines between Re Selectmove case, William and Roffey Brros case and also South caribbean trading ltd (‘sct’) v trafigura beheer case?Does Re Selectmove and South caribbean trading ltd (‘sct’) v trafigura beheer made Roffey a good case?

Please don't resurrect threads that are almost a decade old.

If you are have access to Westlaw, a case is "good law" if it has a green indicator. It's effect is greater if it is cited or applied in another case with positive judicial treatment.

williams v roffey bros and nicholls - how the laws changed ?

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