Contracts

Seaver v. C. W. Blakeslee — Study Notes

Seaver v. C. W. Blakeslee & Sons, Inc., 88 Conn. 513, 91 A. 1056 (1920)

Study notes for Seaver v. C. W. Blakeslee: professor notes, cold call prep, exam angles, and memory aids.

A promise to perform a pre-existing duty does not constitute valid consideration to support a new contract.
Professor Notes

In this case, the court examines the principle of consideration in contract law, particularly whether a promise to perform existing obligations constitutes valid consideration. Professors typically emphasize that a contract must involve a 'bargained-for exchange' where both parties offer something new. The ruling underscores the legal requirement that mere promises to perform a duty already owed do not suffice as consideration. This highlights the importance of ensuring that contracts involve new commitments or benefits.

Cold Call Prep
  1. 1Explain the concept of consideration and why it was central to this case.
  2. 2What was the main argument made by the defendant regarding the contract?
  3. 3Can you discuss how this ruling impacts future contractual agreements?
  4. 4Explain the distinction between pre-existing duty and new consideration.
  5. 5What are some scenarios where consideration may be deemed adequate?
  6. 6Analyze whether the outcome would differ if there were additional promises involved.
  7. 7Discuss the implications of this case on the enforceability of contracts.
Mnemonic Device

No new duties, no new deal.

Distinguish From
CaseDistinction
Parker v. Twentieth Century-Fox Film Corp.In Parker, the court allowed consideration in terms of foregoing other employment, unlike in Seaver where there was merely a promise to perform an existing obligation.
Astor v. DapperIn Astor, the court recognized new benefits that were offered, thus providing valid consideration which was absent in Seaver.
Hamer v. SidwayIn Hamer, the exchange involved a promise to refrain from legal rights which constituted valid consideration, contrasting with Seaver’s lack of new commitment.
Policy Arguments

For the Rule

Requiring new consideration ensures that contracts reflect true mutual assent and protect parties from exploitation under existing obligations.

Against the Rule

Strict adherence to the pre-existing duty rule may hinder legitimate modifications to contracts even when both parties intend to create a binding agreement.

Class Discussion Points
  • Discuss the limitations of the doctrine of consideration in contract law.
  • Explore how case law shapes the understanding of what constitutes new consideration.
  • Analyze real-world implications of this ruling on contractors and service providers.
  • Evaluate potential reforms to create flexibility in contract enforcement.
  • Consider how this case might differ were it decided under different jurisdictional standards.
Exam Angle

Exams may present hypothetical contracts where consideration is in question. You may be asked to analyze if a contract is enforceable based on whether there is any new consideration beyond pre-existing duties.

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