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Under the rule applied by the Court of Appeal of England and Wales in Williams v. Roffey Bros. (1989),…

Williams v. Roffey Bros. held that a practical benefit from securing performance of an existing duty can amount to consideration for a promise of additional payment.…

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Under the rule applied by the Court of Appeal of England and Wales in Williams v. Roffey Bros. (1989), a building contractor voluntarily promises a carpenter extra pay to finish agreed work on time. The contractor gains the practical benefit of reducing the risk of delay liability, and there is no fraud or economic duress. What follows as to consideration for the promise?

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Answer and explanation

Correct answer B

Williams v. Roffey Bros. held that a practical benefit from securing performance of an existing duty can amount to consideration for a promise of additional payment.

Avoiding the risk of delay liability was such a benefit, and the rule assumes that the promise was not procured by fraud or economic duress.

Option feedback

Option A

An existing duty does not categorically prevent a practical benefit from providing consideration in this setting.

Option B

The prospect of avoiding delay liability is the kind of practical benefit the court accepted.

Option C

The inquiry concerns consideration for the later promise and does not turn on the object of the original bargain.

Option D

The case accepted that performance of the agreed work could yield sufficient practical benefit.

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