- TOPIC OF RESEARCH:
Where a promisee already owes the promisor a legal duty, performing that duty should not in itself be a consideration for a new contract.
Critically discuss to what extent you agree with this statement.
LENGTH OF COURSEWORK:
Students will be required to write, individually, an essay between 2300 to 2700 words (excluding/including footnotes and bibliography).
STRUCTURE OF THE COURSEWORK:
(i) Introduction - A brief introduction on what is consideration.
(ii) Content - A clear and coherent argument based on primary and secondary sources (including at least 3 journal articles). The following articles are recommended and students can choose to make reference to them :-
(a) Dilan Thampapillai, ‘Practical benefits and promises to pay lesser sums: Reconsidering the relationship between the rule in Williams v Roffey’ [2015] University of Queensland Law Journal, 34(2), 301
(b) Francis Dawson, ‘Contract as Assumption and Consideration Theory: A Reassessment of Williams v Roffey Bros’ [2011] VUWLR, 42,135
(c) M. H. Ogilvie, ‘Of what practical benefit is practical benefit to consideration?’ [2011] UNBLJ, 62,131
(d) JanetO’Sullivan,‘inDefenceofFoakesvBeer’[1996]C.L.J,55(2),219
(iii) Conclusion- To agree or disagree with the statement and the rationale behind it.
(iv) Bibliography-In compliance with OSCOLA (see page 5). Marks will be awarded for the proper use of this style. Students are required to make reference to at least 3 journal articles in answering this assessment.
