Topic > The Jubilee Media Case - 1546

A legally binding contract must be given good consideration for the purpose of limiting the enforceability of agreements and to avoid any "mistake, misrepresentation, duress or illegality". Lush J defines consideration as "some right, interest, profit or benefit accruing to one party, or some forbearance, damage, loss or liability given, suffered or assumed by the other". In simple terms, consideration is a doctrine of reciprocity in which each party must ascertain an advantage and a disadvantage; it is "the price with which one buys the promise of another". In the Jubilee Media (JB) case, the benefits and damages analysis will be used to determine whether the promise to pay the extra £100,000 constitutes sufficient consideration as Bobby Bodgit Ltd (BB) was already contractually obliged to complete the work in accordance with the original draft contract or if "the law was... suspicious of modifying the contract". We will also analyze the general principles of consideration to determine whether JB is required to pay the wages initially promised to voice actors and technicians or whether partial payment of a debt is sufficient. The consideration must shift from the debtor is an important principle found in Tweddle v Atkinson where Crompton J. justifies this principle by suggesting that "it would be a monstrous proposition to say that a person is a party to the contract for the purpose of suing it for his own benefit". In JB's case, consideration shifted from BB, the actors and the engineers as they provided their services to JB. So in this case it is to be considered that, if the plaintiffs and engineers wanted to sue JB for breach of contract for having only partially paid their salary, it is likely that their request would be granted. C......half of the card.... ..their promise by agreeing to pay BB a further £100,000. Lady Justice Arden also applied the principles of High Trees in Collier v P & MJ Wright Ltd as she states that "a debtor may be able to demonstrate that the right to recover the debt is not simply deferred but extinguished". In conclusion, The first issue concerns whether or not Jubilee Media is required to pay Bobby Bodgit Ltd an extra sum of £100,000 to complete the work on time. It was found that there is a practical, if not legal, advantage for Jubilee Media which is to complete and air the documentary, as well as not being sued by the advertising companies with which it has already contracted. The second issue concerns the partial payment of a debt owed to the voice actors and the engineer, the principles of partial payment and promissory exclusion make it clear that they cannot claim the payments initially promised.