The Weekly Law Reports
[2016] 3 WLR 1519
Court of Appeal
MWB Business Exchange Ltd
v
Rock Advertising Ltd
[2016] EWCA Civ 553
2016 March 9;
June 21
Arden, Kitchin, McCombe LJJ
Contract— Formation— Consideration— Licence agreement— Parties agreeing to reschedule payments due under agreement— Defendant promising to pay and making payment in accordance with revised schedule— Whether good consideration— Whether licence agreement orally varied
Contract— Formation— Variation— Clause in licence agreement expressly precluding oral variation of agreement— Whether agreement capable of oral variation— Whether orally varied— Whether claimant’s acceptance of defendant’s promise possibly giving rise to collateral unilateral contract
Estoppel— Promissory estoppel— Effect of promise— Creditor agreeing to accept payment of debt by instalments— Debtor acting on agreement by paying one instalment— Creditor accepting instalment— Whether necessarily inequitable for creditor to go back on agreement and insist on payment of balance— Whether dependent on circumstance