ABSTRACT
The traditional view is that the mere performance of a duty is not good consideration. It is however important to note the application of case law to this traditional approach and in this regard two issues must be analysed. Where parties are already in a contractual relationship, the position adopted was that when a party to a contract promised to the other to do something more during the contract while the other party simply performs its contractual obligations, it was argued that the party who agreed to do more could not be held accountable for non-performance as the promise to do more was not supported by good consideration. In light of developments in contract law and the increasing use of change orders and variations, this traditional approach is changing. The courts are willing to expand their perspective on good consideration especially in the absence of fraud and economic duress.
