James had a contract with Frasier to fix Frasier's plumbing issue at his home. The contract was made to fix the issue for $3,000. But after the work was completed James wanted an extra $500 because it was harder work than he had anticipated. Frasier s attempt to get the extra money is void of consideration under the pre-existing duty concept.
What is Pre- Existing Duty?
- The contract law's pre-existing duty rule is one example of consideration. The idea of consideration originated in England and has now spread to other countries, including the US.
- This rule states that fulfilling an obligation that already exists does not constitute sufficient compensation to justify a binding contract, but there are several exceptions to the norm.
What are Pre- Existing Duty Alteration?
Any party may alter this agreement by providing new consideration. One of three circumstances often occurs in this situation:
- Pay less: The full amount is still due even if one party has fulfilled their obligation under the agreement but the other refuses to pay until the debt is lowered.
- Pay more: If a greater sum of money is not paid, one party declines to carry out her obligations under the agreement.
- Public duty: The person asking for payment already has a legal obligation to carry out the task.
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