University of Sussex
Browse

File(s) under permanent embargo

One-sided contract modifications and the requirement of consideration

journal contribution
posted on 2023-06-09, 16:19 authored by Sirko HarderSirko Harder
The parties to an existing contract may agree that the obligations of one party (but not of the other) are to be modified. For a long time, one-sided contract modifications were considered unenforceable for lack of consideration. It is now widely recognised that this approach fails to give effect to the parties’ autonomy and intention. Two alternative approaches have emerged across the common law world. One approach is to find consideration in a practical benefit obtained by the promisor. The other approach is to abolish the consideration requirement for contract modifications. This article investigates the merits of both alternative approaches.

History

Publication status

  • Published

Journal

Lloyd's Maritime and Commercial Law Quarterly

ISSN

0306-2945

Publisher

Lloyds of London Press Ltd

Issue

1

Volume

2019

Page range

138-161

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2018-12-21

First Compliant Deposit (FCD) Date

2019-04-08

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC