promise Flashcards
What is a promise in legal terms?
A promise is a unilateral, gratuitous obligation where only one party undertakes to perform without requiring agreement or acceptance by the beneficiary.
How is a promise similar to a gratuitous contract?
Both involve one party performing without receiving anything in return.
What is the key difference between a promise and a gratuitous contract?
A promise does not require the agreement or acceptance of the beneficiary to be enforceable, while a gratuitous contract does require mutual agreement.
When is a promise legally binding according to Morton’s Trs v Aged Christian Friend Society of Scotland?
A promise is binding if it is intended as a final engagement and the promisor clearly expresses their intention to be legally bound.
When is a promise not legally binding?
A promise is not binding if it is merely a statement of probable intention that the promisor might or might not fulfill.
What must the promisor intend for a promise to be binding?
The promisor must have a final and definite intention to be bound by the obligation.
How must a promisor express their intention to create a binding promise?
The promisor must express their intention clearly, using clear words.
Is the expression of the promisor’s intention alone enough to create a binding promise?
Yes, the clear expression of intention alone is sufficient to create a binding obligation.
Does the promisee need to accept the promise for it to be binding?
No, the promisee does not need to accept the promise, rely on it, know about it, or even exist at the time the promise is made.
Does the promisor need to receive anything in return for the promise to be valid?
No, there is no need for the promisor to receive anything in return.
Can a promise be made conditional?
Yes, a promise can be conditional — it will only be binding if a certain condition is fulfilled.
Who is bound in a conditional promise?
Only the promisor is bound; the fulfilment of the condition itself does not create an obligation.
