preexisting duty rule

Definition of "preexisting duty rule"
  1. A principle in contract law which states that if a party promises to perform a duty that they're already obligated to perform under an existing agreement, it cannot be considered a valid consideration for changing the terms of the contract
How to use "preexisting duty rule" in a sentence
  1. According to the preexisting duty rule, the car mechanic could not demand an extra fee for repairing the engine, since it was part of his original contract.
  2. The preexisting duty rule was applied to dismiss the tenant's claim for a rent reduction, as the landlord was already obligated to provide maintenance under the initial contract.
  3. Per the preexisting duty rule, the teacher's promise to offer extra tutoring, a duty already within his contract, could not serve as valid consideration for a raise.

Provide Feedback
Browse Our Legal Dictionary
# A B C D E F G H I J K L M N O P Q R S T U V W X Y Z