Contractual Consideration Dispute

Summary

In this scenario, Tuans promise to pay Lewis $3,000 for winning a race may not be enforceable due to the preexisting duty rule. This rule states that a duty already obligated under a contract cannot serve as consideration for a new contract. Since Lewis was already hired by Ben to drive in the race, his winning cannot be considered new consideration for Tuans promise. Therefore, Lewis may face challenges in recovering the promised amount from Tuan. Understanding the principles of consideration and the preexisting duty rule is crucial in contract law, especially in California.

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Replace the words select with what corresponds in this situation, *. Select is the offeror. *. Select is the offeree. *. Select promise to pay $*,* if Lewis wins the race is the offer.
*. Tuan is the offeror.
*. Lewis is the offeree.
*. Tuan's promise to pay $*,* if Lewis wins the race is the offer.
Would you like more information on the principles of consideration in contract law?
*. Lewis can accept the offer Select . *. What kind of potential contract is this? Select *. Of the elements of a contract: mutual assent, consideration, capacity, and legality, the Select element is at issue here.
*. Lewis can accept the offer by winning the race.
*. This is a unilateral contract.
*. Of the elements of a contract: mutual assent, consideration, capacity, and legality, the consideration element is at issue here.
Would you like more information on the principles of consideration in contract law?
What was the consideration exchanged in the contract.
The consideration exchanged in the contract is Lewis's performance of winning the race in exchange for Tuan's promise to pay $*,*. In contract law, consideration refers to something of value that is given in exchange for a promise. Here, Lewis's action of winning the race serves as the consideration for Tuan's promise.
Would you like more details on how consideration works in unilateral contracts?
If what situations would be the following . Select is the benefit to Lewis. *. Select is the detriment to Lewis. *. Select is the benefit to Tuan. *. Select is the detriment to Tuan.
Here are the responses to the specific situations you mentioned:
*. The benefit to Lewis is the $*,* promised by Tuan.
*. The detriment to Lewis is the effort and risk involved in winning the race.
*. The benefit to Tuan is not clearly stated but could be the success or notoriety from Lewis winning the race.
*. The detriment to Tuan is the obligation to pay $*,* if Lewis wins.
Would you like more detailed information on any other aspects of this case or contract law principles?
*. Does Lewis already have a duty to win the race? Select
Lewis does not already have a duty to win the race. His duty to win was created by the promise of $*,* made by Tuan. In contract law, this is known as a unilateral contract, where the act of winning the race serves as the acceptance of Tuan's offer.
Would you like more details on the principles of unilateral contracts?
*. How do we know that? Select hired Lewis to drive his car in the race.
The information given does not directly address whether there is an explicit contract between Ben and Lewis regarding the car race. However, it implies that Ben hired Lewis since it states "Ben hired Lewis to drive his car in a race."
Would you like more details on the nature of contracts and how employment agreements work in such situations?
*. Can Lewis support a second contract by doing something he was already obligated to do on the first contract? Select
In California, generally, performing a duty that one is already legally obligated to do is not valid consideration for a new contract. Therefore, if Lewis was already obligated to win the race under the first contract with Ben, he cannot use this obligation as consideration for the second contract with Tuan.
Would you like more information on the specific exceptions to this rule in contract law?
*. Can Lewis support a second contract by doing something he was already obligated to do on the first contract? Select
In California, performing a duty one is already obligated to do under an existing contract generally cannot be used as consideration for a new contract.
Would you like more information on the exceptions to this rule in contract law?
*. Can Lewis support a second contract by doing something he was already obligated to do on the first contract? Select
No, Lewis cannot support a second contract by doing something he was already obligated to do under the first contract.
Would you like to know about specific exceptions to this rule in California contract law?
*. What is the preexisting duty rule? A person already bound by a contract to perform a certain duty Select have that duty act as consideration for a second contract.
The preexisting duty rule states that a person already bound by a contract to perform a certain duty cannot use that duty as consideration for a second contract. This rule ensures that parties do not claim consideration based on an obligation they are already required to fulfill.
Would you like more information on exceptions to the preexisting duty rule?
*. Can Lewis recover from Tuan? Select
Lewis may have difficulty recovering from Tuan under the preexisting duty rule. Since Lewis was already obligated to win the race for Ben, his act of winning cannot serve as new consideration for Tuan's promise of $*,*.
Would you like to know more about potential exceptions or other aspects that could affect this case?