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.

Answer 1

The owner is most likely to win because Ricky's demand for more money to perform his preexisting contractual duty lacks new consideration, which is typically required for a contract modification to be enforceable.

Step-by-step explanation:

The student's question deals with contract law and whether a modification to a contract is enforceable when it involves additional compensation promised under a preexisting duty. In this case, the scenario describes a situation where Ricky, a basketball player already under contract, demands more money per game from the team owner and refuses to play unless the owner agrees. After the owner consents, Ricky later sues for the additional pay because the owner refuses to pay the extra amount after the season. The most likely answer to this situation is that the owner wins; this is because Ricky's new promise of playing the basketball games, which he was already contractually obligated to do, is not supported by new consideration. In contract law, a modification of a contract must generally be supported by new consideration from both parties unless the modification falls under specific exceptions, such as those found in the Uniform Commercial Code (UCC) relating to the sale of goods, which does not necessarily apply to employment contracts like Ricky's.