Illusory Promise legal definition of Illusory Promise. Illusory Promise synonyms by the Free Online Law Dictionary.

A statement that appears to assure a performance and form a contract but, when scrutinized, leaves to the speaker the choice of performance or non-performance, which means that the speaker does not legally bind himself or herself to act.

When the provisions of the purported promise render the performance of the person who makes the promise optional or completely within his or her discretion, pleasure, and control, nothing absolute is promised; and the promise is said to be illusory. For example, a court decided that a promise contained in an agreement between a railroad and an iron producer whereby the railroad promised to purchase as much iron as its board of directors might order was illusory and did not form a contract.

illusory promise n. an agreement to do something that is so indefinite one cannot tell what is to be done or the performance is optional (usually because it is just a gesture and not a true agreement). Therefore, the other party need not perform or pay since he/she got nothing in what he/she may have thought was a contract.

? References in periodicals archive
If the prosecutor or judge tells you during a plea bargain negotiation that as part of the plea you can appeal, then what you have, they refer to it in case law as illusory promise. REPUTED WHITE SUPREMACIST ALLOWED TO WITHDRAW PLEAS by Daily News (Los Angeles, CA) In education, the emphasis on "community control" by left and right, has held out the illusory promise that separate can be equal--put to the lie, most recently, by a study finding that predominantly poor schools are 24 times less likely to perform at a high level than middle-class schools. Hire education by Kahlenberg, Richard D. / Washington Monthly 14) See articles cited in notes 1, 2, and 6, supra; Evatz & Zakrzewski, Keep the Money at Home: The Illusory Promise of Contract Audits, 43 Tax executive 251 (July-August 1991), Comment, State Tax Administratiue Provisions, 45 Tax Executive 84-85 (January-February 1993). Constitutional, legal, and policy issues regarding the use of tax ... by Kenny, Robert / Tax Executive More results

References in periodicals archive

If the prosecutor or judge tells you during a plea bargain negotiation that as part of the plea you can appeal, then what you have, they refer to it in case law as illusory promise.

REPUTED WHITE SUPREMACIST ALLOWED TO WITHDRAW PLEAS by Daily News (Los Angeles, CA)

In education, the emphasis on "community control" by left and right, has held out the illusory promise that separate can be equal--put to the lie, most recently, by a study finding that predominantly poor schools are 24 times less likely to perform at a high level than middle-class schools.

Hire education by Kahlenberg, Richard D. / Washington Monthly

14) See articles cited in notes 1, 2, and 6, supra; Evatz & Zakrzewski, Keep the Money at Home: The Illusory Promise of Contract Audits, 43 Tax executive 251 (July-August 1991), Comment, State Tax Administratiue Provisions, 45 Tax Executive 84-85 (January-February 1993).

Constitutional, legal, and policy issues regarding the use of tax ... by Kenny, Robert / Tax Executive

More results