Card 39 / 54: ABC Contractors begins building an office building for XYZ Corp., in accordance with their contract with each other. One month later, ABC tells XYZ that ABC will need $2 million more to complete the job, because ordinary business expenses have increased. XYZ, anxious to get the building finished, agrees, but later sues ABC for the $2 million over the original contract price. The additional $2 million term in the contract is
A)
enforceable, because of unforeseen difficulties.
B)
unenforceable, due to the preexisting duty rule.
C)
unenforceable, because $2 million extra is unconscionable
D)
enforceable, because the parties agreed, and the court will not interfere with their contract
Answer:
B) unenforceable, due to the preexisting duty rule.
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