In this activity, you will be determining what constitutes a preexisting duty. Pay special attention to the different exceptions to the preexisting duty rule, specifically unforeseen circumstances, additional work, and the UCC exceptions. For a court to enforce a promise, both sides must offer consideration. Sometimes issues arise when a valid consideration is not offered by one party. For example, a promise to do something that you are already obligated to do is not valid consideration, because you have a preexisting duty. There are two parts to the preexisting duty rule. First, performance of a duty you are obligated to do under the law is not good consideration. Moreover, performance of an existing contractual duty is not good consideration either. Highlight each title below to reveal a scenario. Read the scenario and then determine whether there is valid consideration. If the person has a preexisting duty, there is no valid consideration.
NO YES
Additional Work UCC 2-209 The person has a preexisting duty and therefore, there is no valid consideration
This scenario is an exception to the preexisting duty rule and valid Fonsideration exists
Unforeseen Circumstance
Government Employee
Firefighter