Book Opener

PREEXISTING DUTIESPreexisting duties cannot bemade considerationin a new contract. Why doesthe law prevent preexistingduties from beingconsideration in a newcontract?178 Unit 2: Entering Into ContractsExample 9. A county commissioner offered a reward to anyonewho gave information that led to the arrest and conviction of aperson who had been vandalizing subway stations in the county.The commissioner also hired extra security officers to guardsubway stations in the evenings. The night security guard at oneof the stations caught the person who had been vandalizing thestations. She then sought the reward. The court held that she wasnot entitled to the reward because she was under a legal duty tocapture the alleged vandal. Consequently, she had not furnishedconsideration to the county for the promise to pay the reward.Police officers, fire fighters, and other public officials, who mightpromise special services in exchange for monetary or other rewards fordoing what is actually their job, would also be affected by this rule. Suppose,for example, that a police officer promises to provide a homeownerwith added protection against crime by making additional rounds of theneighborhood in return for some money. This arrangement cannot beenforced by either party because it is an empty promise. An officer isalready required by law to provide these services.Promise to Attend a Social EngagementAll contracts consist of agreements, but not all agreements consistof contracts. An agreement to meet a friend for lunch or another socialengagement would not be a legally binding agreement because the friendhas given nothing in exchange for the promise. As a result, that agreementlacks consideration. See Figure 8.3 for a listing of the legal statusof various agreements without consideration.