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55 Williams v Roffey Bros & Nicholls [1991] 1 Q. Jack Beatson and Daniel Friedman illustrate this point in the following way; The factual benefit is the traditional understanding of consideration as outlined in Stilk, but in a modern world it is beneficial to both parties involved to maintain a dually beneficial agreement. There is clearly the need, in modern commerce, for more flexiblility and less formalism. economic resources, this is because contracts between companies have an economic element, so the Request Permissions. Two issues for determination arose the second is relevant here, whether William provided consideration for Roffeys new promise to pay an additional price at the rate of 575 per completed flat? Firstly, an obligation to perform a conduct may have been existing under Law in other words a party may have been bound to do a particular act required under the Law. In his ratio appellant Justice Gildewell noted 4 benefits that were incurred by Roffey; (1) Williams' Continued Performance; (2) avoiding the trouble and expense of obtaining a substitute; (3) avoiding the penalty payment for untimely performance under the main contract (4) the institution of a systematized scheme for payment of the additional amount which occasioned a more orderly performance by Williams, allowing Roffey to direct their other subcontractors more efficiently towards timely completion of the main contract.[13]. However, this orthodox position was altered in the seminal House of Lords case of Williams v Roffey Bros: Similar Fact pattern:A carpenter was contracted by the defendants to complete a building contract but underwent financial difficulties and so requested an additional payment.The defendants, anxious to avoid the time penalty clause of the . This paper will take the stance that Thomas Davitt takes, stating that though mutual assent and consideration are important to a contract, those factors are not the essence of a contract. PDF Between a rock and a hard place? No consideration from the Supreme 58 Antons Trawling Co Ltd v Smith [2003] 2 NZLR 23 (CA) meruit for what he has done 52. 57 Williams v Roffey Bros & Nicholls [1991] 1 Q.