Alaska Packers' Association v. Domenico

Alaska Packers' Association v. Domenico - contract And to...

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Alaska Packers’ Association v. Domenico 117 F. 99 (1902) Fact: Operative Facts: The Plaintiffs were fishermen’s who were hired by a corporation. They originally made a contract for driving to the Alaska from San Fran, and then going to fish for salmon. Before departing, they asked from $60, instead of $50. And once on the boat, before they went fishing, they demanded $100 each, instead of $60, otherwise they stop working. Issue: Whether the increase to the contract is blinding and enforceable. Rule: A promise to do exactly what one is already legally obligated to do is not legally valid consideration. Rational: This “new” contract they conjured up in the boat did not have consideration, because the previous contract stated everything they had to do. They wanted more money for the work they’ve already been contracted to do. There is no extra consideration, so this is not a new
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Unformatted text preview: contract. And to consider it an amendment, through economic duress, is a wrong not enforceable through the court of law. Also, although contracts can be changed, it can only be changed before they agree. Holding: The worker breached the original contract, but instead of the owners suing for the breach of contract, they made a new one under economic duress. This is an unenforceable contract, due to the lack of consideration, because of the previous contract. Synthesis: Lingenfelder v. Brewing Co. This case talks about how a artictic was contracted to supervise and run the building of a structure. While he was working on the contract, he stopped and stated he wanted more money, or else he would not go on. The court found that the artetic was bound to the original agreement, and the that the extortion of more money is not a binding contract. Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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