Hard2 marksMultiple Choice
Corporate and Business LawSection BSyllabus BObligations
This question is part of a case study — click to read the full scenario(Case 46)

SCENARIO: Quantum Dynamics Ltd (QDL) is a tech startup developing AI cooling systems. On 1 May, QDL wrote to ServerTech Inc offering to buy 50 specialized servers for £100,000, stating 'Please reply by 10 May'. On 5 May, ServerTech posted a letter accepting the offer. On 6 May, QDL found a cheaper supplier and emailed ServerTech revoking the offer. ServerTech's letter of acceptance arrived on 8 May.

Based on the scenario, what is the legal status of QDL's email revocation on 6 May?

ACCA · Question 48 · Corporate and Business Law

SCENARIO: Quantum Dynamics Ltd (QDL) is a tech startup developing AI cooling systems. On 1 May, QDL wrote to ServerTech Inc offering to buy 50 specialized servers for £100,000, stating 'Please reply by 10 May'. On 5 May, ServerTech posted a letter accepting the offer. On 6 May, QDL found a cheaper supplier and emailed ServerTech revoking the offer. ServerTech's letter of acceptance arrived on 8 May.

Assume a contract was formed. ServerTech later realizes they miscalculated and asks QDL for an extra £10,000 to complete the delivery. QDL agrees to pay the extra to avoid delays, but later refuses to pay the £10,000. Under the rule in Williams v Roffey Bros, is QDL bound to pay the extra £10,000?

Answer options:

A.

No, because ServerTech was already contractually bound to deliver the servers.

B.

Yes, if QDL obtained a practical benefit from ServerTech completing the delivery on time.

C.

No, because the agreement for the extra £10,000 was not in writing.

D.

Yes, because promissory estoppel prevents QDL from going back on their word.

How to approach this question

Apply the exception to the existing duty rule established in Williams v Roffey Bros.

Full Answer

B.Yes, if QDL obtained a practical benefit from ServerTech completing the delivery on time.✓ Correct
While traditionally performing an existing contractual duty is not good consideration (Stilk v Myrick), Williams v Roffey Bros established that if the promisor obtains a 'practical benefit' (e.g., avoiding delay penalties or the hassle of finding a new supplier) without duress, this can constitute valid consideration for the promise to pay more.

Common mistakes

Applying Stilk v Myrick without considering the practical benefit exception.

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