Identify the bargain
Consideration is a bargained-for performance or return promise. Legal detriment need not be economic loss. Courts ordinarily do not weigh whether the deal was financially equal; a sham recital or purely illusory promise raises a different issue.
Compare modification rules
Traditional common law often requires fresh consideration for a modification, subject to recognized exceptions and local developments. Article 2 dispenses with fresh consideration but requires good faith and applicable formalities. Hana undertakes additional work; Beacon's attempted substitution lacks assent.
Keep reliance distinct
Promissory estoppel commonly requires a promise, foreseeable and actual reasonable detrimental reliance, and enforcement necessary to avoid injustice. The remedy can be limited as justice requires. A hoped-for benefit or expenditure alone does not establish all elements.
Keep restitution distinct
Restitution concerns unjust retention of a benefit, with important limits for volunteers and existing contracts. It does not simply turn every disappointment into a refund. Past services ordinarily are not consideration for a later promise, although some jurisdictions recognize limited exceptions.
CHANGE ONE FACT
Change one fact: Hana demands $2,000 solely to finish the exact work she already promised, with no new duty or applicable exception. Under the traditional common-law rule, what is the issue?
A. The preexisting-duty rule may prevent fresh consideration.
B. Every signed change is automatically valid.
C. Article 2 always governs stage-building labor.
Answer: A. Doing only an existing contractual duty generally supplies no new consideration under the traditional rule. Analyze exceptions, good faith, duress, and local law rather than assuming the original story's additional-work rationale still applies.
UCC 2-209 / CACI (state-specific comparison)
