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Do you think that the decision in Williams v Roffey should be extended to cover cases involving part payment of debt?
‘The Decision in Williams v Roffey Bros. & Nicholls (Contractors) Ltd. (1991), which suggests that performance of an existing (contractual) duty can constitute consideration where it results in “practical benefit” to the promisor, sits uncomfortably with the principle in Foakes v Beer (1884) and creates further ambiguity in the scope of consideration in English contract law.’ Discuss.
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