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Simple English definitions for legal terms

Pre-existing duty doctrine

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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.

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22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
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