Alaska Packers' Ass'n v. Domenico
117 F. 99 (9th Cir. 1902)
Fishermen who struck in Alaska for double wages, then lost the raise
- In one lineEn una línea
- A promise to pay more for the same work already owed under a contract is unsupported by consideration and unenforceable.La promesa de pagar más por el mismo trabajo ya debido bajo un contrato carece de consideration y no es exigible.
- RuleRegla
- Performance of a pre-existing contractual duty is not consideration for a new promise; a modification extracted by refusing to perform, with no new undertaking, is unenforceable (R.2d § 73), subject to the modern exceptions for fair and equitable modifications in view of unanticipated circumstances (R.2d § 89) and good-faith modifications of sales contracts (UCC § 2-209).
- Why this case is herePor qué está aquí este caso
- The pre-existing duty rule from the professor's review of basic consideration doctrines (Sept. 29): a promise to pay more for performance already owed is unenforceable for want of consideration; UCC § 2-209 and R.2d § 89 relax the rule for modifications made in good faith or in light of unanticipated circumstances.
- Procedural posturePostura procesal
- Sailors sued for the higher wages promised mid-season; the district court found for them; the Ninth Circuit reversed.
Facts
Sailors and fishermen signed in San Francisco to work the salmon season in Alaska for a fixed wage. Once at the remote cannery, they refused to work unless paid about double; the company’s superintendent, unable to replace them, signed new papers. At season’s end the company paid only the original wage.
Procedural posture
The men sued on the new agreement; they won below; the Ninth Circuit reversed.
Issue
Whether the promise of higher wages was supported by consideration.
Holding
No. The men promised nothing they were not already bound to do, so the new promise was gratuitous and the company’s refusal to pay it was not a breach.
Reasoning
The court treated the demand as taking advantage of the company’s necessity, and refused to let a party profit from threatening to break his own contract.
Rule (own words)
Doing what you already promised is not a price for a new promise. If the facts changed and the modification is fair, the modern rules may enforce it anyway.
Say the answer out loud before revealing each part. Rate yourself honestly; the case comes back sooner when you miss.Di la respuesta en voz alta antes de revelar cada parte. Califícate con honestidad; el caso vuelve antes si fallas.
Panic kit: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”Kit de pánico: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”