All these reasons largely derive from the context in which the promise takes place, from the nature of the relationship between the promisor and the promisee
, from the expectations created by the promise in the promisee
A promisor cannot discharge her moral obligation merely by paying the promisee
action or forbearance on the part of the promisee
or a third person and
This Article avoids doctrinal difficulties by labeling as a "donee beneficiary" if the purpose of the promisee
was to make a gift or to confer a right on a third person by contract without consideration.
, or even to the promisor, whether a donative promise that
(141.) For a suggestion that such a rebuke is a type of authoritative pressure, see Margaret Gilbert, Scanlon on Promissory Obligation: The Problem of Promisees
' Rights, 101 J.
(126) Few, if any, promisees
understand with confidence what such
In practice, jilted promisees
are not indifferent between damages and performance.
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.
(37) It consists of something of value (38) that has been bargained for and received by a promisor from a promisee
, which motivated a person to take some action, such as engaging in a legal act.
, like original promisees
, are free to contract away
(128) It is a moral commitment as to a future act, one that allows the person to whom it is made (the promisee
) to convert his hope into an expectation.