Read the overview below and complete the activities that follow.

In this activity, you will be determining what constitutes a preexisting duty. Pay special attention to the different exceptions to the preexisting duty rule, specifically unforeseen circumstances, additional work, and the UCC exceptions.

CONCEPT REVIEW:

For a court to enforce a promise, both sides must offer consideration. Sometimes issues arise when a valid consideration is not offered by one party. For example, a promise to do something that you are already obligated to do is not valid consideration, because you have a preexisting duty. There are two parts to the preexisting duty rule. First, performance of a duty you are obligated to do under the law is not good consideration. Moreover, performance of an existing contractual duty is not good consideration either.

The notes button next to each label reveals a scenario. Read the scenario and move each label to the correct drop zone box. If there is valid consideration, place the label in the YES drop zone. If the person has a preexisting duty, there is no valid consideration. Place those labels in the NO drop zone.