Keith Mack
In contract law, a promisor is a party that makes a promise to another party, known as the promisee, who receives the benefit of that promise. The promisor is bound to fulfil their promise, except in cases where doing so would be illegal, impossible, or prevented by the promisee. The promisee has the duty to provide consideration, such as exchanging money or other valuable things, to the promisor. Contracts often involve a third-party beneficiary, who benefits from the contract without being a named party to it and has the right to sue for non-performance.
| Characteristics | Values |
|---|---|
| Definition | The party making a promise |
| Contract law role | The promisor is one of the two parties within a contract, the other being the promisee |
| Rights | The promisor has the right not to be sued by both the promisee and the third-party beneficiary if something goes wrong with the performance |
| Duties | The promisor must satisfy the performance, or the actions that complete the terms of a contract |
| Limitations | The promisor is not bound to fulfil the promise if it is contrary to law, or if the fulfilment is prevented by an act of God |
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What You'll Learn
- The promisor is the party that makes a promise
- The promisee is the party that receives the benefit of that promise
- The promisor must satisfy the performance, or actions that complete the terms of a contract
- The promisee must pay for the performance
- The promisor has the right not to be sued by both the promisee and any third-party beneficiaries
The promisor is the party that makes a promise
In contract law, the promisor is the party that makes a promise. The other party involved is the promisee, who receives the benefit of that promise. In other words, the promisor must satisfy the performance, or complete the terms of the contract, while the promisee must provide consideration, or exchange money or other valuable goods.
Promises are express or implied. To be binding, a promise must be made upon sufficient consideration. When a promise is made, all that is said at the time, in relation to it, must be considered. For example, if someone promises to pay all they owe, but denies owing anything, there is no legal obligation for them to pay. A promise can also be conditional, in which case the condition must be performed before it becomes binding.
The promisor is bound to fulfil their promise, unless doing so would be unlawful, or prevented by an 'act of God'. The promisee may also prevent the promisor from fulfilling their promise, or discharge them from their duty. If the promise was made without sufficient consideration, the promisor's duties may also end.
Both the promisor and promisee have rights and duties within the contract. The promisee has the right to sue for non-performance, and a third-party beneficiary can also sue the promisor for specific performance if they are named as a party to receive something. However, the promisor has the right not to be sued by both the promisee and a third-party beneficiary if something goes wrong with the performance.
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The promisee is the party that receives the benefit of that promise
In contract law, the promisor and the promisee are the two parties within a contract. The promisor is the party that makes a promise, while the promisee is the party that receives the benefit of that promise.
The promisee has the duty to perform on the promises they made, such as satisfying the element of consideration or exchanging money or other valuables with the promisor. They also have the right to sue for non-performance if the promisor does not satisfy the terms of the contract.
For example, if a promisee and promisor enter into a contract for the sale of a good, the promisee must pay the agreed-upon amount, and the promisor must deliver the good. If the promisor does not deliver the good, the promisee can sue for non-performance.
It is important to note that a third party beneficiary can also be involved in a contract. A third party beneficiary is someone who benefits from a contract but is not a named party to the contract. In this case, the third party has the right to sue for non-performance but cannot be sued for any failure to perform by the promisee.
Overall, the promisee is a crucial party in a contract, as they receive the benefit of the promisor's promise and have the right to take legal action if the terms of the contract are not fulfilled.
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The promisor must satisfy the performance, or actions that complete the terms of a contract
In contract law, the promisor is the party that makes a promise to the promisee, who is the party receiving the benefit of that promise. The promisor must satisfy the performance, or the actions that complete the terms of a contract. This means that the promisor is bound to fulfil their promise, unless doing so would be unlawful (e.g., a promise to steal or commit assault and battery), or if fulfilling the promise is prevented by an act of God (e.g., agreeing to teach someone to draw, but then losing one's sight). The promisor may also be released from their promise if the promisee prevents them from fulfilling it, or if the promise was made without sufficient consideration.
Consideration is a key element in contract law. It refers to the exchange of money or other valuable things between the promisor and the promisee. The promisee has a duty to satisfy the element of consideration by providing the promised compensation. In the example of Misty and her grandfather, the promisee (Misty's grandfather) provided consideration in the form of money to Star Gazers International, the promisor.
The promisor has the right to not be sued by both the promisee and any third-party beneficiaries if something goes wrong with the performance. A third-party beneficiary is someone who benefits from a contract but is not a named party to it. They have the right to sue for specific performance or restitution if the promise is not fulfilled. However, they cannot be sued for non-performance by the promisee.
It is important to note that a promise is only binding on the promisor if it is made upon sufficient consideration. If a promise is made without consideration, it may be binding in foro conscientice, but it is not obligatory in law and is considered nudum pactum. When a promise is made, all that is said at the time in relation to it must be considered. If a promise is conditional, the condition must be performed before it becomes a binding force.
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The promisee must pay for the performance
A promisor is an individual who makes a promise within a contract. The promisee, in turn, is the individual to whom the promise is made. In other words, the promisor must satisfy the performance or fulfil the terms of the contract, while the promisee must pay for this performance or provide consideration.
Consideration is a valuable asset, which can be anything from money to a promise to refrain from an action, that is exchanged between the two parties. It is the price stipulated by the promisor for the promise made and is required for a contract to be legally enforceable. The consideration must be of 'value' in the eyes of the law, though it need not be monetary. For instance, if the promisor asks the promisee to pay a sum of money as consideration for a promise, that will be good consideration. However, if the promisor asks a third party to provide payment as consideration for the promise made to the promisee, this will not constitute good consideration as there is no detriment to the promisee.
The promisee must provide consideration for the promise made to them, unless the promisor has been discharged from their promise by the promisee, or the promise was made without sufficient consideration. In the case of joint promisees, it is sufficient if consideration moves from one of the parties.
If the promisor fails to uphold their end of the contract, the promisee has the right to sue for non-performance. This is also true for a third-party beneficiary, who benefits from a contract but is not a named party to it. However, the promisor has the right not to be sued by both the promisee and the third-party beneficiary if something goes wrong with the performance.
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The promisor has the right not to be sued by both the promisee and any third-party beneficiaries
In contract law, the promisor is the party that makes a promise to the promisee, who is the party receiving the benefit of that promise. The promisor must satisfy the performance, or in other words, complete the terms of the contract. On the other hand, the promisee must pay for the performance, or the consideration, by exchanging money or other valuables.
Both the promisor and the promisee have rights and duties to the contract. The promisor has the duty to fulfil their promise unless it is prevented by the law, an act of God, or the promisee themselves. The promisee has the right to sue for non-performance, but only if they have satisfied the element of consideration.
A third-party beneficiary is a party that benefits from a contract but is not a named party to it. They have no duties but wholly benefit from the contract's terms. In the event of non-performance, they have the right to sue for specific performance or restitution. However, the promisor cannot be sued by both the promisee and the third-party beneficiary. It is one or the other, and the third-party beneficiary is usually in the best position in this type of contract.
For example, if a grandfather wanted to name a star after his granddaughter for her birthday, he would contract a company to do so. In this scenario, the grandfather is the promisee, the company is the promisor, and the granddaughter is the third-party beneficiary. If the company fails to deliver, the granddaughter can sue for specific performance or restitution. However, if the grandfather fails to pay, the company can only sue him and not the granddaughter, as she is not a party to the contract.
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Frequently asked questions
A promisor is the party that makes a promise in a contract.
The promisor is the party that makes a promise, and the promisee is the party that receives the benefit of that promise.
The promisor must satisfy the performance or actions that complete the terms of a contract. The promisor is bound to fulfil their promise unless it is contrary to law, prevented by an act of God, or prevented by the promisee, among other reasons.
