CONSIDERATION: A performance or return promise that is the inducement to a contract because it is sought by the PROMISOR in exchange for his promise and is given by the PROMISEE
in exchange for that promise.
contract was not relevant, but Embry's was: the promisee
126) But a recent study demonstrated that the doctrine lives on, and there is not only "a surprisingly high volume of litigation" on indefiniteness, but " [i]n literally dozens of cases, American courts dismiss claims for breach of contract on the grounds of indefiniteness, often without granting any relief to the disappointed promisee
Also, Rowan has stated, "the 'performance interest' therefore refers to the interest of the promisee
in obtaining the performance to which he is entitled under the contract.
, but there is a great deal of uncertainty about what sorts
Nevertheless, no fee is allowed to be charged on the promisee
because the upfront cash payment for forward currency transaction would lead to a bilateral wacd which is not allowed by shariah.
but may consist of either a benefit to the promisor or a detriment to the promisee
Being self-sufficient, she did not, at least not by definition, owe any duties except those she first chose to owe to her promisee
Promissory estoppel sounds in culpa in contrahendo: a promise is binding if injustice can be avoided only by its enforcement, when the promisor should reasonably expect the promise to induce action or forbearance by the promisee
or a third person, and the promise does, in fact, induce such action or forbearance.
Courts in multiple national jurisdictions, throughout the ages, have always held since Roman times that promises made in "legal situations" (Schacther, supra, see notes 49 and 50) must be keep to the promisee
, especially if those so promised have incurred costs in their commitment to the implicit or explicit agreement.
58) However, these regulations did not prevent the promisee
from claiming damages in excess of the amount owed from the promisor, either upon suit or as provided in the bond.
Similarly, the Calcutta High Court has observed in a case that "consideration is the price of a promise, a return or quid pro quo, something of value received by the promisee
, as inducement of the promise" There are some differences between the English and Indian law of consideration.