| Commentary

19 Consideration

| Commentary

19 Consideration

To be enforceable, a promise which is not made by deed must be supported by consideration. An undertaking by a contractor to carry out work where no price is agreed is generally enforceable, since consideration exists in the form of an implied promise by the employer to pay a reasonable sum1. A promise by an employer to pay an additional sum in return for the contractor’s mere carrying out of existing contractual obligations is given without consideration and is thus unenforceable2, unless the court is able to discern sufficient practical benefit to the employer

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