| From: | John Murphy <john.murphy@manchester.ac.uk> |
| To: | obligations@uwo.ca |
| Date: | 25/11/2008 07:24:03 UTC |
| Subject: | roffey discussion |
Dear All,
I've been staying out of this discussion until now because I don't
think it is a good idea to provide the student who prompted it with
just the kind of information that s/he was looking for.
That said, I now feel bound to say that I am surprised that so many
people see Williams v Roffey as such a special or startling decision.
Yeah, it's controversial; but there's nothing new about controvesrial
consideration cases. From an ever-failing memory I seem to recall
that Treitel and Atiyah had some kind of spat about consideration
cases at the margins (nominal versus "invented" consideration?). And
what about Nigel Simmonds' essay, "Bluntness and Bricolage", which
explored and revealed years ago (in Gross and Hyman (eds):
JURISPRUDENCE: CAMBRIDGE ESSAYS) the way that certain consideration
cases seemed either to twist, or have very little genuine connection
with, received wisdom on consideration?
As I say, there's nothing really new about the kind of discussion that
Roffey prompts. Its novelty, for me, lies purely in the fact that it
is (in contract law terms, at least) a new case.
Finally and most importantly, though, what can be done to stop other
students infiltritating this discussion group. I'd hate it to get to
the stage where I almost automatically reach for the delete key when I
receive an ODG message.
John M