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9 Pages • Essays / Projects • Year Uploaded: 2022
"In the late 20th century, I do not believe that the rigid approach to the concept of consideration to be found in Stilk v Myrick (1809) is either necessary or desirable. Consideration there must still be, but in my judgment, the courts nowadays should be more ready to find its existence so as to reflect the intention of the parties to the contract where the bargaining powers are not unequal and where the finding of consideration reflects the true intention of the parties." The ruling by Russel L.J in Williams v Roffey Bros. & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 has been construed by many as an attempt to move away from a rigid application of the doctrine of consideration. It is unfortunate that 30 years have passed, but the law remains as rigid as ever. Critically discuss the extent to which the above statement is true.
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