Restatement of Contracts 87: What You Need to Know

If you’re in the legal field or even just a business owner, you may have come across the term “Restatement of Contracts 87.” But what exactly is it and why does it matter?

Restatement of Contracts 87 (also known as Restatement (Second) of Contracts § 87) is a legal principle that governs the enforceability of promises made in contracts. It dictates that a promise to perform a duty that is already owed under an existing contract is not legally binding and cannot be used as a basis for a breach of contract claim.

Basically, if a party promises to do something that they’re already obligated to do under a previous contract, that promise is not legally valid. For example, if a company agrees to provide a certain service in a contract, and then later promises to continue providing that same service in a separate contract, that second promise is not legally enforceable.

So why does this matter? Restatement of Contracts 87 serves to protect parties from being held liable for promises that they’re already obligated to fulfill. It also incentivizes parties to be clear and specific in their contracts, as vague language could lead to unintended promises and potential legal disputes.

It’s important to note that Restatement of Contracts 87 only applies if the promises in question are made after the initial contract has been established. If the parties come to a new agreement to modify the terms of the original contract, then any promises made in the new agreement would be legally binding.

It’s also worth mentioning that Restatement of Contracts 87 is not a universal law and may not be recognized in all jurisdictions. However, it is widely accepted and often cited in contract law cases.

In summary, Restatement of Contracts 87 is a legal principle that prevents parties from making promises that they’re already obligated to fulfill under an existing contract. It promotes clear and specific contract language and provides protection from potential legal disputes. If you’re involved in contract negotiations or legal proceedings, it’s important to be aware of this principle and how it may impact your agreements.