preexisting-duty rule
preexisting-duty rule 既有义务规则 合同法上的一项规则，指如果一方当事人履行或允诺履行其本应履行的义务，该当事人并未因此而遭受损害。其中本应履行的义务，既可以是作为的义务，也可以是不作为的义务。既有义务规则的运用，意味着履行既有义务的允诺并不构成合同的有效对价。
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Search Results for: PREEXISTING-DUTY RULE
preexisting duty rule
preexisting-duty rule. Contracts. The rule that if a party does or promises to do what the party is already legally obligated to do — or refrains or promises to refrain from doing what the party is already legally obligated to refrain from doing — the party has not incurred detriment. • This rule’s result is
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past consideration
An act done or a promise given by a promisee before making a promise sought to be enforced. • Past consideration is not consideration for the new promise because it has not been given in exchange for this promise (although exceptions exist for new promises to pay debts barred by limitations or debts discharged in
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composition
composition, n. 1. An agreement between a debtor and two or more creditors for the adjustment or discharge of an obligation for some lesser amount; an agreement among the debtor and two or more creditors that the debtor will pay the creditors less than their full claims in full satisfaction of their claims. • The
preexisting duty
preexisting duty 既存义务 指当事人在作出允诺〔promise〕前已经承担的法律义务。按照普通法，任何人不得以既存义务为合同的有效对价。但美国《统一商法典》〔U.C.C.〕已在买卖合同中取消了这一规则。 (→preexisting-duty rule)