Laetitia agreed to provide certain services to Hans in exchange for a payment of $10 000.Although Laetitia fully performed her side of the agreement, Hans refuses to pay anything.He insists that Laetitia does not have a right to sue for breach of contract because, in performing the services, she was merely doing something that she had become obliged to do even before she entered into her agreement with Hans.Hans's position is correct if Laetitia's pre-existing obligation was

Question

Quizplus · Accepted Answer

If Laetitia's pre-existing obligation was some type of public duty, then Hans's argument would be correct. This is because a person cannot receive consideration for performing a public duty that they are already obligated to perform. However, if Laetitia's pre-existing obligation was a private obligation owed to a third party or subject to a quantum meruit (reasonable value of services), or if her obligation was unenforceable, then Hans's argument would be incorrect and Laetitia would have the right to sue for breach of contract. Similarly, if the obligation was supported by a seal rather than by consideration, then it would be a different type of contract altogether, and Hans's argument would be invalid.

Laetitia Agreed to Provide Certain Services to Hans in Exchange