Chapter 7Consideration in the modification of contracts

David Capper

7.1 Introduction

The abolition of the doctrine of consideration has long been advocated.1 But as Professor Chen-Wishart has pointed out, consideration serves a useful purpose when a contract is formed.2 The justification for it in contract formation begins with the inappropriateness of enforcing all promises.3 Consideration is a suitable tool for determining which promises should be enforced because where someone has given or promised something in return for the other party’s performance they have a legitimate expectation of that performance. The right to invoke the machinery of the law to obtain a legal remedy for default in performance is stronger where someone has paid ...

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