Ming Ren Tan, ‘Contractual Variations: Long Live The Doctrine Of Consideration?’

“In the realm of contract law, the doctrine of consideration has fascinated many for centuries and has unsurprisingly generated a wealth of commentary. While the doctrine has withstood the test of time in so far as the formation of contracts is concerned, serious doubts have been cast over its continued ‘reign’ in the context of contractual variations. In 2018, the UK Supreme Court in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 decided that it was ‘unnecessary’ and ‘undesirable’ to deal with the ‘difficult’ issue of whether the oral variation was supported by consideration given that the variation was invalid for want of the writing and signatures required under the licence agreement (at [17]–[18]). Many were understandably disappointed by the UK Supreme Court’s failure to deal directly with the issue of consideration …” (more)

Ming Ren Tan, ‘Contractual Variations: Long Live The Doctrine Of Consideration?’, Cambridge Law Journal, Volume 80, Issue 2, July 2021, pp 235-238. DOI: https://doi.org/10.1017/S0008197321000386. Published online by Cambridge University Press: 2 August 2021.

First posted 2021-08-03 12:30:14

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