Contract law roffey

  • What is the legal principle of Williams v Roffey?

    Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 is a leading English contract law case.
    It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'..

  • What is the principle in Williams v Roffey?

    Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 is a leading English contract law case.
    It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'..

  • What is the principle of Williams v Roffey?

    In order to avoid the winding up petition the company argued that the case of Williams v Roffey was authority for the proposition that promising to perform an existing obligation could amount to good consideration, provided that promise obtained a practical or factual benefit..

  • What was the conclusion of Williams v Roffey?

    Decision / Outcome of Williams v Roffey Bros
    Gildwell LJ said a promise to make bonus payments to complete work on time was enforceable if the promisor obtained a practical benefit and the promise was not given under duress of by fraud.
    It was the appellants' own idea to offer the extra payment..

  • Why is Williams v Roffey controversial?

    The case of Williams v Roffey Bros & Nicholls (Contractors) Ltd[1] has been controversial for a long time, as it went against the traditional rule of consideration.
    The decision, in this case, has been in conflict with earlier cases as well as conflicting with the ones that were decided later on..

  • Roffey argued that by completing on time, the Williams had done no more than he was already contractually bound to do.
    The court held that the promise to pay addition monies was binding.
  • Williams v Roffey does not challenge the need to identify consideration to support an alteration promise to pay more and, in instances where there is no practical benefit arising to the promisor from making the promise, the principle in Stilk will be applicable.
Nov 1, 2023A gratuitous promise, pure and simple, remains unenforceable unless given under seal. But where, as in this case, a party undertakes to make a 
The appellants Roffey Bros, were builders who were contracted to refurbish 27 flats belonging to a housing corporation. The contract had a penalty clause for 

What are the factual/practical benefits of the Roffey Bros contract?

Thinking point: these factual/practical benefits show how easy the test is to satisfy

The first practical benefit was a benefit Roffey Bros had under the initial contract anyway

The second benefit is also a benefit they received from the first contract – if Williams performed the contract then there was no need to hire someone else

Why did Williams refuse to pay Roffey Bros?

Yet, when Roffey Bros sought the £5,000, Williams refused to pay

Williams argued that Roffey Bros had provided no consideration to support the promise of extra payment because, by promising to complete the carpentry work, Roffey Bros were doing nothing that they were not already contractually obliged to do

The Court of Appeal disagreed

Why is Williams v Roffey Bros & Nicholls (Contractors) Ltd controversial?

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The case of Williams v Roffey Bros & Nicholls (Contractors) Ltd has been controversial for a long time, as it went against the traditional rule of consideration

The decision, in this case, has been in conflict with earlier cases as well as conflicting with the ones that were decided later on

Contract law roffey
Contract law roffey
Williams v Roffey Bros & Nicholls (Contractors) Ltd external text>[1989] EWCA Civ 5 is a leading English contract law case.
It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'.
This was a departure from the previously established principle that promises to perform pre-existing contractual obligations could not be good consideration.

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