End-of-chapter questions: Answer Guidance 17.2

To answer this question well you will need to revisit the discussion in Chapter 7, especially 7.1.6.3.3 on Williams v Roffey. One of the arguments why we might be able to depart from Foakes v Beer and not require consideration for the variation of contracts is because we have now developed a mature law of economic duress which can ensure that promises extracted under illegitimate pressure will not be enforced. Good answers will consider whether the law on duress is sufficiently clear and stable to be relied upon, and whether its scope is satisfactory. The best answers will go on further to consider whether, even if it is, that should render consideration redundant.