Talk:Pre-existing Duty Rule
From Wikipedia, the free encyclopedia
 |
This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it. | |
| ??? | This article has not yet received a quality rating on the assessment scale. | |
| ??? | This article has not yet received an importance assessment on the assessment scale. | |
 |
This article may be too technical for a general audience. Please help improve this article by providing more context and better explanations of technical details to make it more accessible, without removing technical details. |
The primary purpose of the preexisting duty rule is to prevent what has been referrred to as tje "hold up game".
- a classic example of the "hold-up game" is Alaska Packers' Ass'n v. Domenico, 117 F. 99 (9th Cir. 1902). 21 seamen entered a contract to sail from San Franciso to Alaska to catch some salmon at a predetermined price. When they got there they demanded more money threatening to return to San Franciso. Since the hiring party was not likely to be able to find anyone else to work he assented to the sailor's demands. When they returned to San Franciso he refused to pay and the court determined that since the sailors were under a pre-existing duty to work on the ship under the terms of the original agreement the subsequent agreement (to pay the additional wages) was not supported by any consderation from the sailors. The rule is essentially designed to prevent agreements made through coercion or under duress. --71.237.163.19 05:38, 21 October 2006 (UTC)
