Caterer agree with Bride to cater Bride\'s wedding reception for $12 per plate.

Question

Caterer agree with Bride to cater Bride's wedding reception for $12 per plate. On the wedding day, Caterer calls Bride saying that somethings have come up, and she will have to charge $16 a plate in order to do the catering. Bride agrees. Which is true?

a. The $16 is not enforeable because the $12 per plate was past consideration

b. The $16 is not enforceable because of a preexisting duty.

c. The $16 is enforceable if the reason for it was beyond Caterer's control.

d. The $16 isnot enforceable because it means the $12 was an illusory promise.

e. the $16 is enforceable if the Bride could have found another caterer before the wedding.

Explanation / Answer

Correct answer is option b i.e The $16 is not enforceable because of a preexisting duty.Principle under contract law states that if aparty to a contract is under a preexisting duty to perform,then no consideration is given for any modification of the contract and the modification is therefore voidable.

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