Rock Advertising Ltd v MWB Business Exchange Centres Ltd: Difference between revisions

The real problem here is that a counterparty was trying to reduce its contractual obligations for free. To be sure the consequences for the other party of not doing so may have been catastrophic, rock advertising may have failed all together) but however you look at it avoiding that outcome — which, absent this amendment, would amount to a breach of contract, remember — by foregoing performance to which you are contractually entitled — is not consideration. It can't be. The issue that isn't “difficult”, but in getting it, the supreme court has wound up making a hash out of of an even more profound contractual concept.