Tina,an experienced pool contractor,and Bruce agree on a price for Tina to build a pool in Bruce's backyard.While the area is not known for rocks,unfortunately Tina unexpectedly encounters a significant problem with solid rock in the backyard when she starts to dig.She tells Bruce that unless she receives an extra $5,000,she cannot complete the job.Bruce agrees thinking to himself that he has a way out.When Tina finishes the pool,Bruce refuses to pay the additional $5,000.Which of the following is the most likely result of their dispute?
A) Bruce will be required to pay because a typical, unilateral contract is involved, and he got the benefit of his bargain.
B) Bruce will be required to pay because a typical, bilateral contract is involved, and he got the benefit of his bargain.
C) Bruce will be required to pay because unforeseen circumstances are an exception to the preexisting duty rule.
D) Bruce will not be required to pay because he provided no additional consideration, and the preexisting duty rule applies.
E) Bruce will only be required to pay ½ of the agreed upon amounts because of the calculations involved under the preexisting duty rule.

Question

Quizplus · Accepted Answer

An exception to the preexisting duty rule is that if unforeseen circumstances cause a party to make a promise regarding an unfinished project that promise is valid consideration.

Tina,an Experienced Pool Contractor,and Bruce Agree on a Price for Tina