HopefullyInLawSchool
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Simple English definitions for legal terms
preexisting duty
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A quick definition of preexisting duty:
Preexisting duty refers to a legal obligation that a person is already bound to perform. This duty can arise from a contract or the law, and failure to fulfill it can result in liability. It is important to note that a preexisting duty cannot be used as consideration for a new contract. In simpler terms, preexisting duty means doing what you are already supposed to do.A more thorough explanation:
Preexisting duty refers to a legal obligation that a person is already bound to perform. For example, if a construction company agrees to build a house for a certain price, they cannot later demand more money for the same work they were already obligated to do. This is known as the preexisting duty rule.
Another example is when a police officer is already obligated to protect and serve the public. They cannot demand extra payment to perform their duties during a crisis or emergency.
These examples illustrate how preexisting duty works in different contexts. It prevents people from taking advantage of situations where they are already obligated to perform certain tasks or duties.