Contracts are enforced against promisors
who breach when doing so
Was the promisor
able to negotiate the terms of the agreement?
In fact, as suggested above, in standard law and economics theory, under incompleteness, an expectation measure of damages is understood to lead to efficient decisions by a promisor
to perform or breach an existing contract, given a fixed level of reliance.
Donee beneficiaries have standing because typically there is no other human being or entity who has the incentive to hold the promisor
to his or her promise that clearly benefits the plaintiff.
whether the promisor
reasonably relied on the promisee's
Imagine the following promise made by Promisor
A to Promisee B:
disaffirm the contract and get his money back when the promisor
Plainly, the promisor
consents to making the sort of promise at issue in section 90(1).
an abortion "except as allowed by the male promisor
," that the
Reid discusses promising in two contexts: he argues that the practice of promising presupposes the belief that the promisor
is endowed with what he calls "active power" (EAP, IV.
What about the argument that in situations like London Drugs the intentions of the parties would be frustrated if the strict doctrine of privity were upheld since the promisor
would be allowed "to circumvent or escape the limitation of liability clause to which it had expressly consented"?
39) Thus, failing to account for all foreseeable contingencies will typically result in a finding that the promisor
assumed the risk.