action or forbearance on the part of the promisee
or a third person and
If the promisee
had incurred some liabilities, then the fulfilment of muwacada his obligatory.
The contraction of the initial liability in contract (its limitation to intention) leaves greater areas for people to behave in a self-interested fashion, but liberal rules of excuse oblige the promisee
to share the losses of the promisor who is unable to perform (Kennedy, "Form and Substance", supra note 17 at 1735).
In section 2 (d) of the Indian Contract Act consideration is defined as follows: When, at the desire of the promiser, the promisee
or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.
However, there may be a right 'in equity such that the promisee
is entitled to require the legal title to be assigned in accordance with the statutory provisions' .
Proposition B: Promisor licences promisee
to exercise her
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.
On the other hand, courts have also been prepared to enforce modified promises not only on the ground that there is actually consideration in the modified promise because the promisor has promised to do substantially more in the modified promise (4) but also on the alternative grounds that there may be consideration in a forbearance to sue to enforce the original promise once the promisor has asked for a modification on the threat of potential breach of contract; or in detrimental reliance by the promisee
who has accepted the modified contract at the insistence of the promisor; (5) or in a mutual agreement to rescind the original contract and replace it with a new contract containing the modified promise.
Imagine the following promise made by Promisor A to Promisee
merely want to make more definite some general obligation or to vary some duty imposed by law on the marital relationship," which he argued should be enforced so long as they did not "represent an attempt to avoid marital duties" or "destroy the flexibility necessary for adjustment as the position of the spouses changes"; (66) and agreements for performance of marital obligations "above and beyond the call of duty," which were bargains intended "to induce performance of [a marital] duty" such as caring for a sick spouse "in an exceptional" rather than "perfunctory manner," to arrange compensation for "an extraordinary service which is a great and largely unanticipated burden on the promisee
House Bill 2375: Prevents contracts for transportation of goods by a motor carrier from indemnifying for a loss due to an intentional, reckless or negligent act or omission by the promisee
At a minimum, an indemnity clause must state that the promising party will indemnify and hold harmless the promisee
for all accidents and claims arising out of the promisor's use of the premises, activities or operations on behalf of the promisee
, even if the accidents, claims or lawsuits were caused in part by the negligence or conduct of the promisee