reduce its own costs to realize the same market outcome as the promisee
1981) ("The traditional goal of the law of contract remedies has not been compulsion of the promisor to perform his promise but compensation of the promisee
for the loss resulting from breach.
action or forbearance on the part of the promisee
or a third person
26) Accordingly, should the demand for extra payment by the promisee
be found not to have been unlawful, there may be some real difficulty in arguing that it constituted economic duress.
The first was loss constituted by the amount by which the promisee
is worse off because the promisor did not perform the contract .
Such injustice may be found where the promisor reasonably should have expected that his affirmative representations would induce the promisee
into action or forbearance substantial in nature, and where the promisee
shows that such reliance thereon was to his detriment.
If the promisee
had incurred some liabilities, then the fulfilment of muwacada his obligatory.
32) The promisee
has a moral "'right to rely'" on the promised performance in the absence of "special justification.
Promissory estoppel sounds in culpa in contrahendo: a promise is binding if injustice can be avoided only by its enforcement, when the promisor should reasonably expect the promise to induce action or forbearance by the promisee
or a third person, and the promise does, in fact, induce such action or forbearance.
is the appropriate term for the court to impose can best be explained, I believe, not by a first-order belief that X is what a (generic) promisor owes a (generic) promisee
in the event of nonperformance, but instead by an intuition that X is what this particular promisor and promisee
had in mind, or would have said they had in mind, if they had spoken to the issue ex ante.
58) However, these regulations did not prevent the promisee
from claiming damages in excess of the amount owed from the promisor, either upon suit or as provided in the bond.
Similarly, the Calcutta High Court has observed in a case that "consideration is the price of a promise, a return or quid pro quo, something of value received by the promisee
, as inducement of the promise" There are some differences between the English and Indian law of consideration.