Payment of a sum in advance of the time it is contractually due is capable of constituting good consideration for a variation of the contract, provided the payment is made contemporaneously with (not after) the agreement to vary. Where a pleading does not expressly identify consideration but pleads facts capable of constituting consideration, and the issue has been squarely raised and argued at trial, the claim should not be dismissed on a pleading point. Whether a signatory to a document is personally bound or bound only as agent for a company is determined by objective intention, having regard to the construction of the document as a whole and surrounding circumstances.
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