Under a contract with Valley Vineyard, Walsh begins grading a terraced hillside for the planting of grapes. Halfway through the project, Walsh asks for $5,000 over the contract price, claiming an increase in the "cost of doing business." Valley agrees but later refuses to pay. Valley's agreement to pay more is
A) unenforceable because Walsh's performance was a preexisting duty.
B) unenforceable because Valley's promise was illusory.
C) enforceable.
D) unenforceable because Walsh's request modified the contract.

Question

Under a contract with Valley Vineyard, Walsh begins grading a terraced hillside for the planting of grapes. Halfway through the project, Walsh asks for $5,000 over the contract price, claiming an increase in the "cost of doing business." Valley agrees but later refuses to pay. Valley's agreement to pay more is​
A) ​unenforceable because Walsh's performance was a preexisting duty.
B) ​unenforceable because Valley's promise was illusory.
C) ​enforceable.
D) ​unenforceable because Walsh's request modified the contract.

Quizplus · Accepted Answer

Valley's agreement to pay more is unenforceable because Walsh's performance was a preexisting duty under the original contract. Asking for additional compensation to fulfill a duty one is already legally obligated to perform does not constitute consideration for a new agreement.

Under a Contract with Valley Vineyard, Walsh Begins Grading a Terraced