Contract Law: Legal Duty Rule
The legal duty rule, also referred to as the preexisting duty rule establishes that there can be no consideration in a contract based on a preexisting duty of the promisee.
“That a promise to pay a man for doing that which he is already under contract to do is without consideration….[T]he rule has been so long imbedded in the common law and decisions of the highest courts of the various states that nothing but the most cogent reasons ought to shake it.” Lingenfelder v. Wainwright Brewery Co., 103 Mo. 578 (1891).
The easiest way to think about this, is in respect to the public duty. For example, the preexisting duty rule prevents police officers from recovering reward money for the apprehension of criminals. This is true because police officers are already under a duty to catch criminals. The preexisting duty rule exists as a matter of public policy. Court’s don’t want public officials to be subject to corruption or to expect “tips” for their service. Think about tipping the hostess at a busy restaurant in attempt to get a better table. As a matter of law, we don’t want police officers able to be “tipped” to do their job better.
Court’s also don’t want to expose private individuals to extortion. The classic example is where a sea captain who, under threats of desertion from his seamen in a foreign port, promises additional compensation than they were contracted for. Courts have uniformly held the sailors unable to recover.
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