Издательство: | Книга по требованию |
Дата выхода: | июль 2011 |
ISBN: | 978-6-1329-2065-2 |
Объём: | 108 страниц |
Масса: | 184 г |
Размеры(В x Ш x Т), см: | 23 x 16 x 1 |
High Quality Content by WIKIPEDIA articles! The pre-existing duty rule is a legal concept relating to when the performance of a legal duty is classified as consideration. Generally, performing a legal duty which is already owed under a contract does not constitute consideration, unless that duty is doubtful or honestly disputed. That is, once a party agrees to do something under a contract, the party cannot change the terms without consideration and expect the new terms to hold. This is expressed as The Legal Duty Rule, and usually occurs in three different ways: 1) PAY LESS: One party has performed their end of the bargain, but then the other party refuses to pay unless the amount owed is lowered. For example, a contractor performs work on a home for $10,000 only to have the homeowner refuse to pay anything unless the contractor agrees to take $8,000 (assuming no breaches of warranty, etc.). The Rule will apply, so the contractor could accept the $8,000 and sue for the $2,000 still owed (and win).
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