Extraordinary unforeseen difficulties can be the basis for an exception to the preexisting duty rule.

Question

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The preexisting duty rule generally means that a party is not entitled to additional compensation or performance for doing something they are already obligated to do under a contract. However, if there are extraordinary unforeseen difficulties that could not have been anticipated or contemplated at the time the contract was made, it may be considered an exception to the preexisting duty rule. In such cases, the party may be entitled to additional compensation or performance beyond what was originally agreed upon.

Extraordinary Unforeseen Difficulties Can Be the Basis for an Exception