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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.

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Is a breach of contractual duty a tort?

A breach of contractual duty is not considered a tort, but rather a breach of contract. Tort law deals with civil wrongs that cause harm to individuals or property, while contract law involves violations of agreements between parties.


Can a preexisting duty be consideration?

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.


What is tortious liability?

A tortious is related to the duty of care and negligence of that duty with respect to persons with whom there is no contractual liability. For example, if the person fails to maintain his property and part of his property falls off and injures another person, the property owner is liable for the damages to that person, even though it maybe be passerby with whom there are no contractual obligations.


What are the cardinal duties in a contract?

The cardinal duties in a contract typically include the duty to perform, the duty to compensate, and the duty to mitigate damages. The duty to perform obligates parties to fulfill their contractual obligations as agreed. The duty to compensate requires parties to provide payment or other forms of remuneration as specified in the contract. Lastly, the duty to mitigate damages mandates that parties take reasonable steps to minimize losses in the event of a breach.


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.


Contractual capacity in Egypt?

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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.


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.


How can you use contractual in a sentence?

To by a new house you must have a contractual with the owner.