pre-existing duty

pre-existing duty
A common law rule which holds that where a party does or promises to do what he or she is already legally obligated to do, there exists no sufficient consideration to support this new promise. The Uniform Commercial Code has eliminated the "pre-existing duty" rule in sales contracts. UCC No. 209-(1). Palmer v. Safe Auto Sales, Inc., 114 Misc.2d 964, 452 N.Y.S.2d 995, 996

Black's law dictionary. . 1990.

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