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4.1-5  Invalidity of Past Consideration

Revised to January 1, 2008

The defendant claims that the contract is not enforceable because it is based on past consideration.  Past consideration is not valid consideration.  The plaintiff's promise to do something which (he/she/it) was already bound by (his/her/its) prior contract to do is past consideration.  Past consideration is not sufficient to support an additional promise by the defendant.  If you find that the plaintiff was already bound by (his/her/its) prior contract with the defendant to do <describe obligation>, then there can be no consideration for the contract at issue because the defendant would receive nothing more than that to which (he/she/it) is already entitled and the plaintiff has given nothing that (he/she/it) was not already under legal obligation to give.

Authority

Marcus v. DuPerry, 223 Conn. 484, 487 (1992); Blakeslee v. Board of Water Commissioners, 106 Conn. 642, 652 (1927); 3 S. Williston, Contracts (4th Ed. 1992) § 7:36, p. 569.
 


 

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