Question

Kim hired Gold Contracting to build a pool and a fancy gazebo in her backyard. The plans were complex and required expert workmanship. After the work was completed, Kim was so pleased that she promised to pay Gold an additional $3,500 performance bonus. Later, when Gold demanded the bonus, Kim refused to pay it. If Gold sues Kim for the money, what will probably happen?

A. Gold will win, because the bonus was adequate consideration and served to entice Gold to do an outstanding job.
B. Kim will win, because the bonus is a reward for work they have already performed, which is past consideration and cannot be used to create a contract.
C. Gold will win, because the bonus is for work they have already performed.
D. Kim will win, because the bonus agreement was not in writing.

Answer 1

B. Kim will win, because the bonus is a reward for work they have already performed, which is past consideration and cannot be used to create a contract.

Step-by-step explanation:

In order for a contract to be enforceable, consideration must be exchanged between both parties. In this case, Kim made a promise that included consideration ($3,500) but Gold didn't exchange of give anything back. The swimming pool is already finished and it represents another different contract.

Another example would be a boss telling a subordinate that he/she will receive a bonus for having worked 10 years in the firm. The employee already got paid for working the 10 years, so there is no actual exchange of new consideration.