Question

Suppose Joe contracts with Marvin to frame out a shop at Joe's ranch for $10,000. During the framing Marvin discovers the costs of framing will be $2,500 more than he anticipated, and threatens to walk off the job unless Joe agrees to pay the additional $2,500. Joe agrees to the price increase. Most courts today would hold the agreement to pay the additional $2,500 to be _____ the agreement based on a(n) _______. (Choose two correct answers)

Answer 1

unenforceable;

preexisting duty

Step-by-step explanation:

Preexisting Duty Doctrine

This is simply regarded as when an individual is already under an obligation to do something. It simply states that the rules and guidelines under contract law that shows that if a party to a contract is under a pre-existing duty to perform, then no second thought (consideration) is taken for the modification of the contract. Modification is then voidable.

3 Types of Legal Duties

1. Public Legal Duties such ad the duty of a police officer to protect lives and properties.

2. Contractual Legal Duties such as unperformed, preexisting contractual promises etc.

3. Private Legal Duties such as the duty to follow the law.

Unenforceable Contracts

This is regarded as a contract that cannot be enforced/given consideration or effect by the court of law etc unless they are settled and corrected according to law.

Kinds of unenforceable contracts

1.) Those entered into in the name of another by one without, or acting in excess of rights or authority;

2.) Those that do not comply with the Statute of Frauds etc.