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Rock Advertising Ltd v MWB Business Exchange Centres Ltd: Difference between revisions
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Rock Advertising Ltd v MWB Business Exchange Centres Ltd (view source)
Revision as of 15:26, 3 December 2018
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[[Unless otherwise agreed in writing|Unless otherwise agreed ''in writing'']] is not as meaningless as [[unless otherwise agreed]]. | '''Headnote''': “[[Unless otherwise agreed in writing|Unless otherwise agreed ''in writing'']]” is not as meaningless as “[[unless otherwise agreed]]”. | ||
{{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}} [2018] UKSC 24] ([https://www.supremecourt.uk/cases/uksc-2016-0152.html transcript]) | {{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}} [2018] UKSC 24] ([https://www.supremecourt.uk/cases/uksc-2016-0152.html transcript]) | ||
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:“That makes it unnecessary to deal with consideration. It is also, I think, undesirable to do so.The issue is a difficult one. The only consideration which MWB can be said to have been given for accepting a less advantageous schedule of payments was (i) the prospect that the payments were more likely to be made if they were loaded onto the back end of the contract term, and (ii) the fact that MWB would be less likely to have the premises left vacant on its hands while it sought a new licensee. These were both expectations of practical value, but neither was a contractual entitlement.” | :“That makes it unnecessary to deal with consideration. It is also, I think, undesirable to do so.The issue is a difficult one. The only consideration which MWB can be said to have been given for accepting a less advantageous schedule of payments was (i) the prospect that the payments were more likely to be made if they were loaded onto the back end of the contract term, and (ii) the fact that MWB would be less likely to have the premises left vacant on its hands while it sought a new licensee. These were both expectations of practical value, but neither was a contractual entitlement.” | ||
{{seealso}} | {{seealso}} | ||