The owner wins; Ricky was under a prior duty to play basketball, so Ricky's new promise is not supported by consideration.
The correct answer is d. Owner wins; Ricky was under a prior duty to play basketball, so Ricky's new promise is not supported by consideration.
In contract law, consideration is the exchange of something of value between the parties involved. For a modification of a contract to be enforceable, both parties must provide new consideration. In this scenario, Ricky was already obligated to play basketball under the original contract, so his promise to play for an additional compensation is not considered new consideration.
Therefore, the owner wins the case as Ricky's new promise is not supported by consideration.
Complete Question :
Ricky signs a 2-year contract to play basketball for the Jolters, for $100,000 per game. Right before a big game, Ricky goes to the owner and says that he will not play unless the owner pays him an additional $5,000 per game. The owner, being desperate, agrees. Now that the season is over, Ricky demands his additional compensation, but the owner refuses to pay. Ricky sues. Most likely:
a. Ricky wins; this is a valid modification of an earlier contract.
b. Owner wins; contracts can never be modified.
c. Ricky wins; this is a modification under the UCC which needs no new consideration to be enforceable.
d. Owner wins; Ricky was under a prior duty to play basketball, so Ricky's new promise is not supported by consideration.
e. Ricky wins; this is a case of a modification due to unforeseen circumstances, and the modification is enforceable.