Question

Johnson is a volunteer fireman for Prince George's County. One evening, he responds to an alarm at a residence. Outside the house, Bob grabs Johnson by the shoulders and says: My little daughter is in the house. Please save her! I'll pay you $20,000.00 if you get her out alive! Johnson bravely rushes into the burning house and rescues the little girl. The next day, Johnson finds Bob and asks for his check. Bob refuses to pay. Under these facts

a. Johnson will lose based on the theory of preexisting duty.
b. Johnson will lose based on the theory of past consideration
c. Johnson will be awarded the money based on the theory of ordinary contract law
d. Johnson will be awarded the money based on the theory of necessity

Answer 1

Answer: a. Johnson will lose based on the theory of preexisting duty.

Step-by-step explanation:

Based on the information given in the question, Johnson will lose based on the theory of preexisting duty.

According to the theory of preexisting duty, when an individual is under the pre-existing duty to perform ans.auch person is under a contract, there will not be any consideration when there's a modification of the contract and then the modification is void.

In this case, it is the duty of Johnson to save lives as a firefighter. Therefore, saving the daughter of Bob simply means that he's performing his duty and if Bob refuses to pay him, Johnson will lose based on the theory of preexisting duty.