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Words: | Submitted: Fri Jan 28 2005
... was an existing contractual duty between the two parties, and if the original agreement is still enforceable. In Stilk v. Myrich1, it was said that the sailors could not claim the extra money promised by their captain, because they were already bound to their agreement to carry out their duties. Although it can be said that in this case, DJ Rawk was already under a contract, to pay 300 pounds, and provided no other consideration to Spangles Nightclub, there were other things to consider here. For example, did Spangles nightclub receive a benefit from this new contract? Assuming they were not under duress to accept the new offer to DJ Rawk, the answer is no. Spangles nightclub was under no penalty clause, nor were they under duress to provide the services for DJ Rawk in exchange for money. In Williams v. Roffey2, it was decided that the carpenter, the promissee, ...
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