A promise to perform a pre-existing contractual obligation cannot provide consideration under a new contract with the same party.That rule always reflects commercial reality.

Question

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A promise to perform a pre-existing contractual obligation is not considered valid consideration for a new contract with the same party, as the promise is already obligated to perform the action under the initial contract. This rule reflects commercial reality and prevents parties from attempting to claim consideration for a promise they were already legally obligated to fulfill.

A Promise to Perform a Pre-Existing Contractual Obligation Cannot Provide