preview

The Landmark Case Of Williams V Roffey

Better Essays

The landmark case of Williams v Roffey has been considered as a killer, liable for the death of Stilk v Myrick. Williams v Roffey presented the Court of Appeal with the issue of whether an existing contractual obligation, will present sufficient consideration essential for the enforcement of an additional promise. Such principle has dispensed academic ink all over the latter case Stilk v Myrick, cultivating the doctrine of consideration and casting a shadow of uncertainty in relation to commerciality. The defendants, Roffey Bros, were party to a building contract with an external party; such indenture was the “main building contract”, which contained a penalty clause for the job falling behind of the completion date. The requirement of the latter required carpentry work to be performed on 27 flats within the building. Consequently, the defendants entered into a subcontract with the plaintiff, Mr. Williams, whom would perform such obligation. The original contract, established that the Plaintiff would receive £20,000 to satisfactorily carry out his carpentry duties. Nevertheless, the Plaintiff fell into financial worries, as a result of the original sum not being satisfactory for a profitable job. Subsequently, the defendants, in order to evade the penalty clause, made an oral agreement with the Plaintiff, proclaiming that he would be paid an additional £10,300 at the rate of £575 per wholly completed flat. In reliance of such agreement, the Plaintiff sustained work for 7

Get Access