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No, a preexisting duty cannot serve as valid consideration in a contract. Consideration requires that each party provide something new or different as part of the agreement. If one party is merely fulfilling an obligation they already have, it does not constitute a new exchange of value. Therefore, additional promises or modifications must include new consideration to be enforceable.

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2mo ago

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Related Questions

What is preexisting contractual duty?

A preexisting contractual duty is a common law rule of contract. It is wherein a party's offer of a performance already required under an existing contract is an insufficient consideration for modification of the contract.


What is preexisting ideas?

Preexisting idea is idea that you have conceived prior to the time of application or implementation


Is a dislocated shoulder a preexisting condition?

If your shoulder commonly comes out of its socket, then it is a preexisting condition. If it is the first time you have dislocated your shoulder or if you have never dislocated your shoulder, then it is not a preexisting condition.


True or False. In congress screening bills for floor consideration is a major duty of committee members.?

True.


Does there have to be a diagnosis to be considered a preexisting condition?

According to my insurance company if you have seen a doctor about the condition it is preexisting.


How do you use the word preexisting in a sentence?

Preexisting to our race, the humans, there were dinosaurs and many other creatures living on Earth.


Can someone claim consideration for any act which he expected to do under an existing public duty?

Sounds like a textbook question - - No. If it is your "public duty" you can claim no special compensation for doing it.


Which are synonyms for preexisting?

There are several synonyms for the adjective preexisting. These synonyms include the following: previous, prior, advance, earlier, first and before. This list may not include all of the synonyms for preexisting.


Does health care insurance have to cover preexisting illnesses?

Some Health insurances cover preexisting illness.


What are the release dates for Preexisting Conditions - 2015?

Preexisting Conditions - 2015 was released on: USA: 13 February 2015


Which scientist how wounds heal and proposed that cell come from preexisting cells?

Rudolf Virchow was the scientist who proposed the calls came from preexisting cells.


Is preexisting the correct spelling?

"Preexisting" : a condition or state which preceded another. (sometimes appears hyphenated as 'pre-existing') A "preexisting condition" : A status for medical afflictions that were already affecting a patient before the beginning of the current (or future) medical coverage or treatment.

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