lexinter.net                                                                                                                        

 

PROMISE PROMISOR PROMISEE

RESTATEMENT OF CONTRACTS | RESTATEMENT (SECOND) OF CONTRACTS | CONTRACT LAW | CASE LAW ON CONTRACTS

LEGAL DICTIONARY


RECHERCHE INTERNATIONALE ] Remonter ]

RECHERCHE        

--

 

 L'ATLAS

UNION EUROPENNE

EUROPE CENTRALE

RUSSIE

EUROPE DU NORD

AMERIQUE DU NORD

AMERIQUE DU SUD

MEDITERRANEE

AFRIQUE

ASIE

MOYEN ORIENT

  

DROIT FRANCAIS

 DROIT EUROPEEN

 DROIT USA

Accueil LexInter.net

 

CONTRACT LAW  RESTATEMENT (SECOND) OF CONTRACTS

THE RESTATEMENT (SECOND) OF CONTRACTS

copyright by the American Law Institute (1981)

 

RESTATEMENT (SECOND) OF CONTRACTS

 

2. PROMISE; PROMISOR; PROMISEE...

(1) A promise is a manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made.

(2) The person manifesting the intention is the promisor.

(3) The person to whom the manifestation is addressed is the promisee....

 

Comments

b. Manifestation of intention.... The phrase "manifestation of intention" adopts an external or objective standard for interpreting conduct; it means the external expression of intention as distinguished from undisclosed intention. A promisor manifests an intention if he believes or has reason to believe that the promisee will infer that intention from his words or conduct.

e. Illusory promises; mere statements of intention. Words of promise which by their terms make performance entirely optional with the "promisor" whatever may happen, or whatever course of conduct in other respects he may pursue, do not constitute a promise....On the other hand, a promise may be made even though no duty of performance can arise unless some event occurs (see 224, 225(1)). Such a conditional promise is no less a promise because there is small likelihood that any duty of performance will arise, as in the case of a promise to insure against fire a thoroughly fireproof building. There may be a promise in such a case even though the duty to perform depends on a state of mind of the promisor other than his own unfettered wish (see 228), or on an event within the promisor's control.

 

 

--

 

--