A cancer hospital asked its privately-owned medical isotope source to arrange an earlier shipment of an urgent order.The private supplier confirmed an earlier shipment was possible for a 30 percent surcharge on the contractual price.Because the hospital's cancer patients needed the isotopes desperately,the hospital faxed a written acceptance of the varied terms.The hospital subsequently refused to pay the price increase.What would a New Brunswick court hearing the ensuing dispute be most likely to determine?

Question

Quizplus · Accepted Answer

The hospital's agreement to pay a 30 percent surcharge in exchange for an earlier shipment constitutes new consideration, making the contractual variation enforceable. The hospital's promise to pay more for the same goods, delivered earlier than initially agreed, provides the supplier with a benefit (or the hospital with a detriment) that was not part of the original contract, thus satisfying the requirement for consideration in contract law.

A Cancer Hospital Asked Its Privately-Owned Medical Isotope Source to Arrange