02 Dec Agreement Or 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. 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. 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. It is natural to be surprised at the relationship between contract law and the morality of promises and agreements. This chapter distinguishes two ways of conceiving this relationship. First, the moral obligations of the parties, based on agreements, could be taken into account in the explanation of contract law, taking into account its functions or justifications.
Contract law could be used to enforce the performance obligations of the parties in the first order, to enforce second-order remediation obligations, to support the culture of drafting and preservation of contracts in general, or at least not to interfere with that culture or the ability of individuals to act morally. Second, the treaty can be interpreted as a legal analogy to promises. Both the treaty and the promises allow people to make new commitments to each other if they wish. Each is a kind of normative power, one legal, the other moral. The chapter concludes with the argument that these two ideas on contract law are not mutually exclusive. Contract law obliges the parties to exchange agreements, a legal obligation to perform for reasons beyond the parties` eventual contractual intent, and gives them the power to assume that legal obligation if they provide for it. In their daily lives, people make all kinds of promises and statements, sometimes without realizing how others can interpret them. Indeed, even an oral statement that sounds like an offer can be interpreted legally as one, which saddens you with contractual commitments that you may never have sent. The person making the statement is the promise. The person to whom the statement is made is referred to as a 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) But if John Doris says he`s going to pay her $3,000 to take care of her children for the summer, and Doris gives up her health insurance coverage because she thinks John`s going to cover her, her acceptance isn`t based on a promise from John.