"Given the House of Lords decision in Foakes v Beer, is the Court of Appeal judgment in Williams v Roffey Bros wrongly decided? Prima facie the answer to that is yes, as the cases involve two matters of law that seem similar. However, these must be distinguished. The latter case relates to the extension of what can constitute consideration, namely some sort of real or practical benefit can be considered by the courts as fulfilling the consideration requirement of an agreement. The former case, however, primarily relates to what is now referred to as promissory estoppel, that is, the forebearance of, or agreement to not pursue, one’s legal rights in the future."
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