Robert Peterson, Attorney at Law

Independent Consideration Required for Contract Modification [2009-12-28]

In Margeson v. Artis, the Iowa Supreme Court on December 18, 2009, decided that independent consideration was required for a contract modification.  No consideration exists when the promisee has a preexisting duty to perform because a promisor is already entitled to receive the promise made by the promisee and the promisee has only made what amounts to a gratuitous promise as stated in Recker v. Gustafson, 279 N.W.2d 744, 758 (Iowa 1979).

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