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the pre-existing duty rule is a corollary to the requirement of consideration because consideration that makes contracts enforceable must be bargained for consideration cannot consist of performance that the party had a pre-existing duty to perform if the party was legally required to do something in any case then agreeing to do that very thing is not new consideration that needs to have been bargained for by the other party therefore a partys offer of a performance already required under an existing contract employment term or law is insufficient consideration for a new contract or the modification of an existing contract as a practical matter the pre-existing Duty rule also maintains the integrity of a contract by preventing parties from using leverage to coerce the other parties into contract modifications lets look at an example two parties a contractor and a homeowner enter into a contract for the renovation of a house a week later the contractor becomes dissatisfied with how m