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
(17) It grounds that conception of contract in the "sanctity of contract and the resulting moral obligation to honor one's promises." (18) Courts and scholars accordingly routinely refer to the parties to a contract as the "promisor" and the "promisee
." In Charles Fried's canonical formulation, "[t]he promise principle," according to "which persons may impose on themselves obligations where none existed before," "is the moral basis of contract law." (19)
For the termination to be considered valid and justified, violation of the Contract Law is required, which provides the following: "Where, by the contract, a promisor is to perform his promise without application by the promisee
, and no time for performance is specified, the engagement must be performed within a reasonable time.
The Court noted there are three criteria needed to meet the burden of proof for the third party benefit: "1) the stipulation is 'manifestly clear'; 2) there is certainty as to the benefit provided the third party; and 3) the benefit is not a 'mere incident of the contract between the promisor and the promisee
If contract language is considered ambiguous it is resolved by interpreting the ambiguous provisions in the sense the promisor (i.e., the insurer) believed the promisee
understood them at the time of formation.
1995) ("A unilateral contract consists of a promise made by one party in exchange for the performance of another party, and the promisor becomes bound in contract when the promisee
performs the bargained for act.") (citing B & B Appraisals v.
These cases involve (1) a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; (2) a delay or absence of agency on the part of the promisee--making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and (3) the promise is made to someone, de dicto--that is, the person who will be the promisee
has not yet been filled in at the time when the obligation begins.
[a] promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee
or a third person and which does induce such action or forbearance is binding, if injustice can be avoided only by enforcement of the promise.
However, these limitations are difficult to enforce, so the initial promise of confidentiality may be coupled with various monitoring obligations to assure the promisee
that the information is used solely in the permitted fashion.
information by a promisee
(i.e., the potential plaintiff).
(182) When a promisor makes a commitment to a promisee
, this commitment, the promise, generates an obligation to do the thing promised.
promissory estoppel when courts "focus [ ] on the promisee