The person making the statement is the promise. The person to whom the statement is made is referred to as a promise. An implied promise is an implied promise that can be inferred from the promisor`s expressions or actions. A promise implied by law may arise if no explicit statement is made, but the party, in equity and justice, is in a legal obligation, as if it had actually made a promise. Let`s say John tells Doris that he`s going to pay her $3000 to take care of her children for the summer. Doris cancels her less lucrative summer business in favor of John`s offer, but at the last minute, John accepts a foreign exchange student who will do the work for free. Doris may be able to obtain damages from John for the loss of income she suffered on the basis of her promise. PROMISE, contr. A commitment by which the promisor engages in another to pay or do something to the benefit of the latter.
2. When a promise is reduced to the form of an agreement written under the seal, it is called an alliance. 3. To be binding on the promise, the commitment must be given with sufficient reflection – but if it is done without consideration, it can be scrupulously binding, it is not legally obligatory since it is nudum pactum. I`m Rutherf. Inst. 85; 18 eng.C. L.
Rep. 180, note a; Merl. Rep. h.t. 4. When a promise is made, everything that is said at the time must be taken into account; Thus, if a man promises to pay all that he owes, accompanied by a denial that he owes anything, no act will lie to impose such a promise. 15 Wend. 187. 5. And if the promise is conditioned, the condition must be fulfilled before it becomes binding. 7 John. 36.
State of the void. Promises are explicit or implicit. Empty Undertaking, and 5 East, 17 2 Leon. 224, 5; 4 B. – A. 595. If a party makes a statement or promise that prompts another party to rely on that statement in such a way that it is financially aggrieved by that reliability, a court will keep the statement or promise as if it were a contract. The court does not need to find an agreement or consideration to enforce the promise as a contract, but it is difficult to prove that a statement was made without registration. The idea of giving the cure to a person who has broken his promise is for most people. The “harmful” abandonment of the promise (the person to whom the promise is given) on the promise must, however, be reasonable and predictable by the Promisor (the person who made the promise) at the time of his statement. If the advertiser takes steps that the promiseor could not have expected, the Promisor is not bound to keep the promise.
1) n. a firm agreement to perform an act, to refrain from acting, or to make a payment or delivery. In contract law, when the parties exchange promises, any promise is “reflection” (a valuable point) for the other promise. Failure to execute a promise of contract is an offence for which the other party may sue for damages and/or interest. 2) to act against a firm agreement, to refrain from acting, or to make a payment or delivery. (See: Contract, consideration) Sometimes the line between casual promises and contracting is much thinner than what we see. Companies need to be careful what they offer to employees, partners and others, because even an innocent statement can be interpreted as a contract. Talk to a local contract lawyer to discuss your agreements and other contract issues.