What is meant by "preexisting duty" in terms of consideration?

Study for the Business Senior Exam. Use flashcards and multiple-choice questions with hints and explanations. Prepare confidently!

The concept of "preexisting duty" refers to a situation in contract law where a party is already legally obligated to perform a certain duty or task, and this obligation cannot serve as consideration for a new contract. In other words, if a party makes a promise to perform a task that they are already required to do by law or an existing contract, that promise does not constitute valid consideration because there is no new commitment or exchange occurring.

In this context, when someone asserts that they will fulfill a preexisting duty, they are not providing anything new or additional in exchange for a benefit or payment; instead, they are merely committing to actions they are already obligated to undertake. This principle helps to ensure that contracts are formed with genuine consideration—an essential element that signifies a mutual exchange of value.

The other options do not accurately capture the essence of preexisting duty as it pertains to consideration. For instance, the notion of promising to do something not legally required refers to valid consideration but falls outside the scope of preexisting duties. Similarly, conditions that might render considerations null and void or professional obligations that cannot be compensated do not directly connect to the legal definition of preexisting duty in contract law. Therefore, the notion that one is bound by a promise to do

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