Preexisting Duty Rule
Why the Preexisting Duty Rule is important to homebuilders? In some cases, Preexisting Duty Rule is a promise to do what one already has a legal duty to do or performance of a duty already owed by contract or law (Angel v. Murray). Law or a previous contract may enforce the preexisting duty rule. For example, a sheriff cannot collect an award for information arising to the capture of a criminal because the sheriff already has the legal duty to capture the criminal through his job of law enforcement. A party cannot form a second contract due to lack of consideration on their previous duty and if a party is already bound to a contract to act upon a previous duty. Preexisting duty rule is enforced to prevent extortion. In the interview with Mr. Ruelas, I learned that the preexisting duty rule was a debatable issue. Due to the dispute between Mr. Ruelas and his constructor Mr. Shaw. Mr. Ruelas had solicits bids from contractors but he is not making an offer to a contract; His solicits of bids is treated as invitations to negotiate. Mr. Shaw had a contract with Mr. Ruelas to construct his dream house built according to a specific set of plans and specifications for a bid of $250,000." At this point, M
Mr. Shawn has a preexisting duty that he has not accomplished. Mr. Shawn believed that they have exchanged consideration when if fact they have not and his actions do not stand as contractual consideration. Finally, there are exceptions to the preexisting duty rule because there are honest contractors that face rare difficulties when building a house. At times the contractor has to hike up the price in order to with stand the unforeseen barriers preventing the contractor from finishing the house. If a contractor discovers that he or she will need special equipment or dynamite to remove an unforeseen rock formation in order to build a section of a house, there will be an exception to the preexisting duty rule. If a price hike is due to unforeseen difficulties, the preexisting duty will not be applied to the situation. The preexisting rule duty will not apply to Mr. Ruelas situation if Mr. Shawn discovers an unforeseen difficulty while building the dream house. Another Exception to the preexisting duty rule is that both parties' duties are beneficially modified and both parties must voluntarily agree to modification. The second contract must have consideration. Ruelas is not legall
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Approximate Word count = 807
Approximate Pages = 3 (250 words per page double spaced)
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