Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Pre-existing duty doctrine

Read a random definition: small-loan act

A quick definition of Pre-existing duty doctrine:

The pre-existing duty doctrine is a rule in contract law that says if someone is already obligated to do something under a contract, they can't get extra credit for doing it. This means that if someone tries to change the terms of the contract to add something they were already supposed to do, it won't count as a new agreement.

A more thorough explanation:

The pre-existing duty doctrine is a legal principle that applies to contracts. It states that if a party to a contract is already obligated to perform a certain duty, then any modification to the contract that does not provide additional consideration is not valid.

For example, imagine that a construction company agrees to build a house for a homeowner for $100,000. Halfway through the project, the homeowner decides that they want some additional features added to the house, such as a swimming pool. The construction company agrees to make the changes, but only if the homeowner agrees to pay an additional $50,000. This modification to the contract is valid because the homeowner is providing additional consideration (the extra money) in exchange for the additional work.

However, if the construction company simply agreed to make the changes without any additional compensation, this modification would not be valid under the pre-existing duty doctrine. This is because the construction company was already obligated to complete the original contract, and the homeowner is not providing any additional consideration for the extra work.

Another example of the pre-existing duty doctrine can be seen in employment contracts. If an employee is already obligated to perform certain duties as part of their job, the employer cannot modify the contract to require additional duties without providing additional compensation.

pre-dup | pre-filing period

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
LSD+ is ad-free, with DMs, discounts, case briefs & more.