The court: no pre-exisitng duty rule problem

The court holds that there is no pre-existing duty rule problem. Here is the argument:

In any contract, the parties to the contract can rescind the contract by mutual agreement.

So the couple could rescind their engagement contract.

So the couple is not legally bound to get married.

So the father’s promise is a promise to get the couple to agree not to do something they have a legal right to do: rescind the engagement by mutual agreement.

So the pre-existing duty rule does not prevent couple’s promise from serving as consideration for the father’s promise.

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