Julia and Mary have a contract that is still executory. They mutually agree to rescind their contract and at the same time make a new contract. If the new contract is contested in court and the court finds that there was a preexisting duty under the original contract,then the new contract
A)will not be enforceable.
B)will still be enforceable.
C)will not require consideration from either side.
D)will be legally sufficient.

Question

Quizplus · Accepted Answer

If the court finds that there was a preexisting duty under the original contract, it means that there was no new consideration given for the new contract. Without new consideration, the new contract will not be enforceable, and therefore, choice A is the correct answer.

Julia and Mary Have a Contract That Is Still Executory