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Whether the principles of fresh consideration for a exisiting duty is affirmation?
How do the principles of consideration (Williams v Roffey), and Duress exist side by side?
2 Answers
- Anonymous1 decade agoFavorite Answer
i really don't have a clue, but i would want to know
- 1 decade ago
If the following elements exist, the defendant's promise is legally binding:
(1) A has entered into a contract with B, and
(2) before A has completely performed, B has reason to doubt that A will complete performance, and
(3) B thereupon promises A additional payment in order to ensure performance on time, and
(4) as a result of giving his promise B obtains a practical benefit, and
(5) B's promise is not given as a result of economic "duress" or "fraud "on the part of A, and
(6) the benefit to B is consideration.
If the renegotiation involves duress or fraud, there is no new consideration.