A promise to perform a preexisting duty is not consideration because the promise is essentially:
A)void.
B)voidable.
C)implied.
D)gratuitous.

Question

Quizplus · Accepted Answer

The legal value component of our consideration definition requires that promisees do,or promise to do,something that they had no prior legal duty to do in exchange for a promisor's promise.Thus,as a general rule,performing or agreeing to perform a preexisting duty is not consideration.This seems fair because the promisor in such a case has effectively made a gratuitous promise because she was already entitled to the promisee's performance.

A Promise to Perform a Preexisting Duty Is Not Consideration