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  3. Wong, the president of a corporation told Zheng that "if you work hard, and profit remains high, you’ll get a bonus, if manageme

Wong, the president of a corporation told Zheng that "if you work hard, and profit remains high, you’ll get a bonus, if manageme

admin2011-01-16  71
问题 Wong, the president of a corporation told Zheng that "if you work hard, and profit remains high, you’ll get a bonus, if management thinks it’s warranted." Profit remains high, but no bonus is paid. If Zheng sues, would a court enforce the promise?
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答案Consideration is essential to formation of any contract. A contractual promise is only legally binding if it is made in return for another promise or an act. Consideration is either some detriment to the promisee or some benefit to the promisor. A mere moral obligation is insufficient. Consideration must be legally sufficient which is different form adequacy of consideration. Consideration is not sufficient where the act claimed to amount to consideration is one that the promisee is already bound to do. In Stilk v. Myrick, 1809, where a sea-captain promised to divide the wages of two deserting seamen among the remainder of the crew if they would work the ship home. It was held that there was no enforceable contract between the parties as the crew had done no more than they were already required to perform as normal duty in sailing the ship home. Wong promised Zheng to pay him bonus if Zheng would work hard to keep the profit high. The consideration of such promise, following the legal principles of above-mentioned case, is one that the promisee is already bound to do. Zheng is under an existing contractual duty already owed to Wong. The performance of a contractual duty already owed to the promisor is not sufficient. So the court will not enforce the promise as it is not supported by consideration.
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