Case

Robert promised (a) to restructure a building for Paul who plans to use it as a restaurant, or (b) to sell Paul restaurant equipment including stoves, tables, chairs, cooking equipment, plates, and glasses. Paul promised him a fixed amount in payment. After performing part of the contract, Robert refused to continue unless he received one and a half times the amount originally promised. There had been no change in the circumstances of the parties since the contract was made except that Paul will now experience considerable delay opening his restaurant if he has to turn to someone else to complete the performance promised by Robert. Fearing this delay, Paul promised Robert the amount he demanded. After Robert completed performance, Paul refused to pay more than the amount originally agreed. Must he do so?

Discussions

FRANCE

The promise made by Paul to pay Robert more money than originally promised raises the problem of whether his consent was vitiated by economic duress.

Whether the contract is a construction contract (Case 9(a)) or one for the sale of goods (Case 9(b)), the parties fixed the amount of compensation when they made the contract. Since they have done so, neither party can change that amount without the other's consent. In a construction contract, the builder cannot ask for an increase even if the cost of the work exceeds his estimate (art. 1793 of the Civil Code).