Consideration in the modification of contracts

Consideration in the modification of contracts is a different matter. Williams v Roffey represents a determined attempt to free contractual modifications from the shackles of the doctrine of consideration. The abolition of consideration in contractual modification situations has long been mooted. In Williams v Roffey building contractors promised carpenter sub-contractors additional payment if they completed their work on a row of flats and did not abandon the job on account of the inadequate price they were being paid for it. J. Adams and R. Brown-sword observed that the implications of Williams v Roffey for the rule in Foakes v Beer would surely have to be considered, and an opportunity to do so arose in the case of Re Selectmove Ltd. The part payment of debt rule is based on the decision of the House of Lords in Foakes v Beer. Promissory estoppel was the avowed solution in Collier v Wright, a part payment of debt case.