1. Preexisting Duty Preexisting Duty Introduction Read the overview below and complete the activities that follow. In this activity, you will be determining what constitutes a preexisting duty. Pay special attention to the different exceptions to the preexisting duty rule, specifically unforeseen circumstances, additional work, and the UCC exceptions. CONCEPT REVIEW: For a court to enforce a promise, both sides must offer consideration. Sometimes issues arise when a valid consideration is not offered by one party. For example, a promise to do something that you are already obligated to do is not valid consideration, because you have a preexisting duty. There are two parts to the preexisting duty rule. First, performance of a duty you are obligated to do under the law is not good consideration. Moreover , performance of an existing contractual duty is not good consideration either. Highlight each title below to reveal a scenario. Read the scenario and then determine whether there is valid consideration. If the person has a preexisting duty, there is no valid consideration. NO YES Additional Work UCC 2-209 The person has a preexisting duty and therefore, there is no valid consideration This scenario is an exception to the preexisting duty rule and valid Fonsideration exists Unforeseen Circumstance Government Employee Firefighter Reset