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WILLIAMS v ROFFEY BROS NICHOLLS CONTRACTORS LTD 1991

PART A CASE SUMMARY of WILLIAMS v ROFFEY BROS NICHOLLS CONTRACTORS LTD 1991 1 Q B 1 1 This case was initially held in the high court whereby the judgment was held in favour of the plaintiff The defendants Roffey Bros Nicholls then appealed on the grounds that an agreement between the parties reached on 9 April 1986 whereby they agreed to pay the plaintiff an additional 10 300 over and above the contract price originally agreed of 20 000 was enforceable by the plaintiff and did not fail for lack of consideration The defendants argued that traditionally performance of an existing contractual duty cannot be consideration for a further promise from the party to whom the existing duty is owed since there was no additional legal benefit or detriment FACTS 2 The plaintiff entered a subcontract with the defendants who held the main building contract to carry out carpentry work in 27 flats for 20 000 The plaintiff realised that the agreed price was too low for him to operate satisfactorily and at a profit


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