IL Bar Practice Questions - Illinois Bar Examination Exam

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A homeowner promises to pay a contractor a bonus if the contractor finishes a renovation the contractor is already contractually obligated to complete. After completion, the homeowner refuses to pay the bonus. Is the bonus promise enforceable at common law?

Yes, because the contractor completed the work No, because construction contracts cannot be modified Yes, because all promises to pay money are enforceable No, because the pre-existing duty rule bars enforcement where the promisee did only what he was already bound to do

Correct Answer:

No, because the pre-existing duty rule bars enforcement where the promisee did only what he was already bound to do

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