Lilan entered into a construction contract with William to build her new home in Moncton. Subsequently, her architect approved an alteration to the original plan, allowing for two additional windows. William agreed to the change. In order for the change to be contractually enforceable, what did Lilan's lawyer most likely advise that she must do?
A) Lilan must provide fresh consideration to William to validate the contract.
B) Nothing further is required because parties are free to vary their contracts.
C) Lilan must ensure both she and William sign the varied contract under seal.
D) Nothing; the variation to the contract is lawful without fresh consideration.

Question

Quizplus · Accepted Answer

In many contract law jurisdictions, including Canada, contract variations are generally lawful without fresh consideration. This means that as long as both parties agree to the variation, the amended contract is enforceable without any additional consideration being exchanged. Therefore, the lawyer likely advised Lilan that she does not need to provide fresh consideration to William or sign an amended contract under seal for the change to be valid.

Lilan Entered into a Construction Contract with William to Build