Chapter

Consideration: Practical Benefit and the Emperor's New Clothes

Mindy Chen-Wishart

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0005
Consideration: Practical Benefit and the Emperor's New Clothes

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The doctrine of consideration provides the principal criterion of contractual liability in the common law. Redefining the contents of consideration will effect a consequential shift in the boundaries of contractual liability. Williams v Roffey Brothers and Nicholls (Contractors) Ltd heralds such a redefinition in the most far-reaching manner: This chapter explores the nature and desirability of this redefinition, the reasons motivating it, and how these reasons might have been alternatively accommodated in the law.

Keywords: contract law; doctrine; consideration; contractual liability; Williams; contractors; Roffey

Chapter.  13325 words. 

Subjects: Civil Law

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