TN Bar Practice Questions - Tennessee Bar Examination Exam

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A homeowner promises a contractor a $5,000 bonus to complete construction by a certain date, after the contractor is already contractually bound to finish by that date. The contractor finishes on time and demands the bonus. Under the pre-existing duty rule, is the bonus promise enforceable?

Yes, because the contractor performed the work No, because construction contracts cannot be modified Yes, because any promise supported by performance is enforceable No, because the contractor was already legally obligated to perform that same duty

Correct Answer:

No, because the contractor was already legally obligated to perform that same duty

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