Wisconsin
How Alaska Packers' Ass'n v. Domenico applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Other.
Wisconsin courts follow the principle that a contract must be supported by consideration to be enforceable. Like the federal standard, Wisconsin law recognizes that an agreement to perform a pre-existing duty does not constitute valid consideration for a new contract.
A promise to do something that one is already legally obligated to do is not sufficient consideration under Wisconsin law.
The court held that a promise to perform a service that was already required does not create new enforceable obligations.
The court reaffirmed that an agreement to modify an existing contractual obligation requires new consideration to be enforceable.
The court emphasized the necessity of new consideration for contract modifications to be valid.
Wisconsin law aligns closely with federal principles regarding consideration, particularly the rule against enforcing a contract when the promise is simply a reiteration of a pre-existing duty. However, Wisconsin tends to emphasize the necessity of new consideration more explicitly in judicial decisions compared to some federal circuit interpretations.
Understanding the principles of consideration and contract modifications is critical for the Wisconsin bar exam, particularly under relationship-based questions involving contract enforcement.