contract was not relevant, but Embry's was: the promisee
For example, certain strictures have been placed on donee beneficiaries regardless of an expression of an intent to benefit, whether the restriction involved the nexus between the beneficiary and the promisee
, (15) the degree of their relationship, (16) or whether their relationship resembles privity.
upon by the promisee
represents one of the foundational principles of
In Sense and Sensibility, not only words (both implicit and explicit performatives (8)) but--and more important for Jane Austen--actions that occur in public may constitute a binding promise, both in the eyes of the promisee
and the community who observes such actions.
126) Few, if any, promisees
understand with confidence what such
, like original promisees
, are free to contract away
To speak of a promisee
's "right of performance" is a reference to a correlative (or primary) right vested in the promisee
, consisting entirely of the promisor's duty to perform.
9) The American Law Institute's Model Code of Evidence also makes allowances for the use of a confession obtained by threats or promisees
which are not likely to produce false statements.
to that contract could recover economic damages because causation in this instance is relatively self-supporting.
For example, they can integrate vertically, offer to pay all legal enforcement costs, sell products on approval, give money-back guarantees, accept payment at a later date, and pay a multiple of damages (note that supra damages give promisees
an incentive to induce breach).
decisions, where promisees
inefficiently return goods, and wasteful
Is the civil law totally oblivious to Posner's image of the "enraged promisees
[who wish to use] the tool of specific performance .