If Marguarite promises to pay Neal $300 not to defame her, the promise is unenforceable because tort law imposes a preexisting obligation on Neal to refrain from such an act.

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Under tort law, individuals already have a duty not to commit defamation against others. Therefore, a promise to pay someone for not doing something they are already legally obligated not to do (such as committing defamation) does not constitute a valid consideration for a contract, making the promise unenforceable.

If Marguarite Promises to Pay Neal $300 Not to Defame