Promise

Question 1

explain the presumptions of intentions

Answer 1

• in social context there is no intention presumed
• in commercial context there is intention presumed

Question 1

how can the facts of the case influence the presumptions of intention

Answer 1

Robertson v Anderson - look at the facts to determine if there was serious intention

Question 2

enforceability of promises

Answer 2

Regus Maxim v Bank of Scotland - enforceable from the moment it is made

Question 3

what 2 elements are required for a promise

Answer 3

• intention
• communication

Question 4

how is intention to enter promise shown

Answer 4

Regus Maxim
- promisor must intend to be legally bound - can be shown through clear and unambiguous words

Question 5

what are the requirements of communication of a promise?

Answer 5

Regus Maxim
- just has to be communicated and this can be to a third party

Question 6

does there need to be acceptance of promise?

Answer 6

Cawdor v Cawdor - no

Question 7

can a promise be revoked

Answer 7

regus - no

Question 8

what happens upon rejection of the promise

Answer 8

Stair - becomes void

Question 9

can conditional promises exist?

Answer 9

regus - yes does not mean that it becomes a contract

Question 10

what are the requirements of writing in regard to promise

Answer 10

written document required unless in the course of business