Contractual Obligations + Third Parties (15).

Can a pre-existing contractual duty count as consideration for a contract made with a third party? We answer this question using case law such as Scotson v Pegg (1861) and Shadwell v Shadwell (1860). However, can a pre-existing contractual duty owed to the promisor count as good consideration? According to the general rule established in Stilk v Myrick (1809), it cannot. But this does not mean that judges do not depart from this rule, as demonstrated in the case of Williams v Roffey Brothers and Nicholls (1989).
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