BetterLawNotes-5 (2)

CONTRACT LAW

Particular difficulty arises where the consideration for D’s promise comprises a promise by C to perform, or the performance by C, of something which C is already bound to do. Is the promise to perform, or the performance of, an existing duty sufficient consideration? It is helpful to examine this question in the context of the source of the existing duty.

The first situation to consider arises where D promises to pay C in return for C doing something, or promising to do something, which C is already obliged to do under the general law. The second is where D promises to pay C in return for C doing something, or promising to do something, which C is already obliged to T to do. The third situation arises where D promises to pay C in return for C doing something or promising to do something, which C is already obliged by contract to do for D. We shall look at each of these in turn.

You cannot copy content of this page