Promisee


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PROMISEE. A person to whom a promise has been made.
     2. In general a promisee can maintain an action on a promise made to him, but when the consideration moves not from the promisee, but some other person, the latter, and not the promisee, has a cause of action, because he is the person for whose use the contract was made. Latch, 272; Poph. 81; 3 Cro. 77; 1 Raym, 271, 368; 4 B. & Ad. 434; 1 N. & M. 303; S. C. Cowp. 437; S. C. Dougl. 142. But see Carth. 5 2 Ventr. 307; 9 M. & W. 92) 96.

References in periodicals archive ?
Raz acknowledges that the fact that grounds promissory reason cannot be an interest or benefit of the promisee derived from the content of the promise itself, since, as we know, whether the promisee benefits from the performance of the promised act or not is a contingent matter that does not determine promises' bindingness.
Contract doctrine requires that payment from breaching promisor to disappointed promisee amount to expectation damages.
that 'the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance.'").
important sense freeriding on the information procured by 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."); Nicolas Cornell, A Complainant-Oriented Approach to Unconscionability and Contract Law, 164 U.
Indeed, where a promisor, with full knowledge of all the material circumstances, agrees to accept a lesser sum in payment of a debt, which in turn represents at least a substantial part of the sum originally owing, the promise should be binding unless the promisee has engaged in economic duress or has otherwise misrepresented his true financial position.
a court to require a promisee to accept substantial performance.");
contracts--in other words, that courts are sympathetic to promisees who
(34) This, they explained, is the sum 'theoretically needed to put the promisee in the position which would have been achieved if the contract had been performed'.
Satisfaction of the latter requirement may depend on the reasonableness of the promisee's reliance, on its definite and substantial character in relation to the remedy sought, on the formality with which the promise is made, on the extent to which the evidentiary, cautionary, deterrent and channeling functions of form are met by the commercial setting or otherwise, and on the extent to which such other policies as the enforcement of bargains and the prevention of unjust enrichment are relevant.
The dual performance hypothesis, by contrast, holds that the typical promisor makes a promise in the alternative: to deliver goods or services in return for a price or to make a monetary transfer to the promisee in place of delivery.