Case Law
If a contact is made,
a promise is made so that one party has a legal duty to carry out that specific
promise. Once the contract is made, no changes should be made. There are
exceptions, however, that can be applied to the preexisting duty rule. For
instance, if during the contract, one party runs into an extraordinary difficulty that
was totally unforeseen at the time the contract was made, sometimes the
preexisting duty rule can be overrode. If changing the contract for one party is
only fair, sometimes the courts will allow these exceptions. In this case, the
preexisting rule does apply. A contract was made between the two parties where
Werk would construct the house in return for 58,000 dollars. In this contract there
is consideration. Werk, now, has a legal duty to complete the construction of
building Mr. Blandings his new house. The only exception to the contract that
would allow Werk to collect extra fees is if, for instance, a rock under the ground
needed to be cut out in order to complete the building of the house. The rock was
unforeseeable at the time the contract was made. Extra costs would surpass the
preexisting duty rule if this were to happen. It would only be fair that Blandings
compensate Werk for the rock that needed to be cut out. However, this did not
happen. Inflation is not a valid reason that can be an exception to the preexisting
rule. There is no consideration for Blandings to pay an extra 3000 dollars. Werk
is at fault for this issue. If he knew that there was inflation he should asked for a
higher price when he begun. The courts would throw this case out if Werk told
the judge that he meant to ask for more money, which is what this case is about.
Werk is at fault for not asking for more money. In the event that Werk needed to
use a higher grade of lumber, then Blandings should have to pay the extra
money if he agreed to it. There would be consideration for both parties in this
case because Blandings would receive an improvement in lumber as Werk
receives an extra pay. Werk could not be able to provide the higher grade of
lumber gratuitously. The preexisting rule in this case could be changed because
there is consideration for the higher grade of lumber to improve construction.
Only in this case and other unforeseeable difficulties should require Blandings to
pay extra money.