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pre existing duty rule the pre existing duty rule has been abrogated under the restatement second of contracts § 89 which does not require independent consideration if the parties mutually and voluntarily agree to the modification see angel v murray for an early application of the restatement 3 can a preexisting duty satisfy the requirements of 3 can a preexisting duty satisfy the requirements of the preexisting legal duty may be imposed by law or discuss agreements to settle preexisting duty rule law and legal definition preexisting duty rule is a mon law rule of contract it says that the rule that performance of an act by which a party is already contractually bound to


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What is an intended third party beneficiary

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