1. You represent a rookie running back in the National Football League. His contract calls for him to be paid $400,000 per year for three years, Since he has just been named Rookie of the Year, he in now quite dissatisfied with his pay. The team is willing to pay him more in order to keep him happy, but you're concerned about the potential implication of the pre-existing duty rule. What in the beat way to handle this problem in drafting a contract modification?

2. Abner la constructing a home for Bernie, with an anticipated payment of $150,000. Bernice decides that she wants her kitchen window moved three feet to the right in order to accommodate her previously purchased walk-in freezer; which he had forgotten when the plans were drawn up. Abner and Bernice agree in writing to this change, which requires no additional cost. Abner, however, fail to execute the change, Can Bernice obtain damages"? Look closely at the pre-existing duty rule in Restatement 2d Section 79, and also at the three alternative in Section 89, Above all, was Bernice's requested modification made made "in view of circumstances not anticipated by the parties when the contract made"?