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Contract

England & Wales

Consideration

The rule

A promise is enforceable as a contract only if supported by consideration, something of value (a benefit to the promisor or a detriment to the promisee) given in exchange for the promise. Past consideration is no consideration; consideration must move from the promisee.

Mandatory cases

Curated chronological

1. 01

   Stilk v Myrick · 1809

   (1809) 2 Camp 317 · King's Bench Procedural posture

   Trial at nisi prius before Lord Ellenborough CJ; the seamen's claim for additional wages failed.

   The pre-existing duty rule, a promise to do what you are already contractually bound to do is not good consideration.

   What cuts the other way

   Williams v Roffey now circumvents Stilk in many variation cases by recognising practical benefit, leaving Stilk's authority confined to its facts.

2. 02

   Currie v Misa · 1875

   (1875) LR 10 Ex 153 · Court of Exchequer Chamber Procedural posture

   Action in the Court of Exchequer; judgment for the plaintiff (later reversed on different grounds in the House of Lords).

   The classical statement of consideration, benefit and detriment formulation that students must be able to recite.

   What cuts the other way

   The benefit-detriment formula is descriptive, not exhaustive; modern courts increasingly look to bargain rather than discrete benefit or detriment.

3. 03

   Foakes v Beer · 1884

   (1884) 9 App Cas 605 · House of Lords Procedural posture

   Appeal from the Court of Appeal; the House of Lords restored judgment for Mrs Beer for the unpaid interest.

   Part-payment of a debt is not good consideration for a promise to discharge the balance, the rule promissory estoppel later qualifies.

   What cuts the other way

   MWB Business Exchange v Rock Advertising [2018] UKSC 24 left Foakes intact but acknowledged its awkwardness; promissory estoppel may shield the debtor in part where reliance is shown.

4. 04

   Williams v Roffey Bros & Nicholls (Contractors) Ltd · 1991

   [1991] 1 QB 1 · Court of Appeal Procedural posture

   Appeal from the Queen's Bench Division dismissed; the carpenter's claim for the promised extra payment succeeded.

   Softened Stilk by recognising practical benefit as sufficient consideration in variation cases, pivotal for any modern consideration question.

   What cuts the other way

   Re Selectmove Ltd [1995] 1 WLR 474 held that Roffey does not extend to part-payment of a debt; Foakes still controls in that scenario.

Run a real argument through LexCases

A subcontractor demands more money mid-project to finish on time and the main contractor agrees, then refuses to pay. Build the strongest argument that the promise to pay extra is binding.

LexCases will run the argument against current case law and rank the cases, including these foundations and any later cases that have built on or pulled away from them.

Curated for England & Wales. Always verify each case before relying on it in formal work. Citations are accurate at the time of publication, but the law moves.