BetterLawNotes-5 (2)


Here D promises to pay C in return for C promising to do, or doing, something which C is already obliged by contract to do for D.

This is the most problematic of the three existing duty situations. The problem may arise in one of two ways: 

(i) a promise to pay more for performance of the same duty

(ii) a promise to accept less than amount due

It is helpful to examine each of these separately.

You cannot copy content of this page