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Performance of an existing contractual duty already owed to the promisor The promise to perform and existing contractual duty already owed to the promisor is not good consideration for some benefit promised by the promisor to the promisee. Thus, if A and B have a contract whereby B is obliged to certain work for A, and A then promises B and Extra $ 100 for B to do that work, B’s promise to that work for the extra $ 100 is not good consideration for the promise for the extra money. The principle was stated in Wigan v Edwards (1973) 47 ALJR 586 by Mason J, at 594: The general rule is that a promise to perform an existing duty is no consideration, at least when the promise is made by a party to a preexisting contract, when it is made to the promisee under that contract, and it is to do no more than the promisor is bound to do under the contract.
Approximate Word count = 505
Approximate Pages = 2
(250 words per page double spaced)
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