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KembaraXtra – Legal Terms – Promise
A promise is an undertaking by one person, known as the promisor, to another person, known as the promisee, that something will be done or not done. In law, a promise becomes legally enforceable when it forms part of a valid contract or is made by deed. Not every promise has legal effect; many promises remain merely moral or social obligations. For a contractual promise to be enforceable, the requirements of contract formation must generally be satisfied, including agreement, consideration, intention to create legal relations, and certainty. Promises therefore form the foundation of contractual obligations in commercial and private transactions. The law seeks to uphold legitimate expectations created through enforceable promises.
A breach of promise contained within a contract may entitle the innocent party to remedies such as damages, specific performance, or injunctions. Promises may be express, where clearly stated in words, or implied through conduct and circumstances. In some situations, the doctrine of promissory estoppel may prevent a promisor from going back on a promise where the other party relied upon it to their detriment. Promises also play an important role in deeds, settlements, guarantees, and various commercial agreements. The enforceability of promises therefore lies at the heart of contract law and commercial certainty.
A promise is an undertaking by one person, known as the promisor, to another person, known as the promisee, that something will be done or not done. In law, a promise becomes legally enforceable when it forms part of a valid contract or is made by deed. Not every promise has legal effect; many promises remain merely moral or social obligations. For a contractual promise to be enforceable, the requirements of contract formation must generally be satisfied, including agreement, consideration, intention to create legal relations, and certainty. Promises therefore form the foundation of contractual obligations in commercial and private transactions. The law seeks to uphold legitimate expectations created through enforceable promises.
A breach of promise contained within a contract may entitle the innocent party to remedies such as damages, specific performance, or injunctions. Promises may be express, where clearly stated in words, or implied through conduct and circumstances. In some situations, the doctrine of promissory estoppel may prevent a promisor from going back on a promise where the other party relied upon it to their detriment. Promises also play an important role in deeds, settlements, guarantees, and various commercial agreements. The enforceability of promises therefore lies at the heart of contract law and commercial certainty.
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