Refer to Fact Pattern 8-1. If Teatro says it is asking for the extra $250,000 because it has encountered extraordinary unforeseen difficulties that will add considerable cost to the project, the agreement is
A)enforceable as the consideration is past.
B)enforceable because of unforeseen difficulties.
C)unenforceable as an illusory promise.
D)unenforceable due to the preexisting duty rule.

Question

Refer to Fact Pattern 8-1. If Teatro says it is asking for the extra $250,000 because it has encountered extraordinary unforeseen difficulties that will add considerable cost to the project, the agreement is​
A)enforceable as the consideration is past.
B)enforceable because of unforeseen difficulties.
C)unenforceable as an illusory promise.
D)unenforceable due to the preexisting duty rule.

Quizplus · Accepted Answer

The agreement is enforceable because unforeseen difficulties can justify a modification of the contract terms, making the additional payment valid.