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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Consideration: Practical Benefit and the Emperor's New Clothes

Consideration: Practical Benefit and the Emperor's New Clothes

Chapter:
(p.123) 5 Consideration: Practical Benefit and the Emperor's New Clothes
Source:
Good Faith and Fault in Contract Law
Author(s):

Mindy Chen-Wishart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0005

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

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