promise

A declaration which binds the person who makes it, either in honor, conscience, or law, to do or forbear a certain specific act, and which gives to the person to whom made a right to expect or claim the performance of some particular thing.

A declaration, verbal or written, made by one person to another for a good or valuable consideration, in the nature of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to demand and enforce a fulfillment. An express undertaking, or agreement to carry a purpose into effect. E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co., C.C.A.Iowa, 64 F.2d 224.

An undertaking, however expressed, either that something shall happen, or that something shall not happen, in the future. Plumbing Shop, Inc. v. Pitts, 67 Wash.2d 514, 408 P.2d 382, 384.

A promise is a manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made. A promise may be stated in words either oral or written, or may be inferred wholly or partly from conduct. Restatement, Second, Contracts No.No. 2, 4.

While a "promise" is sometimes loosely defined as a declaration by any person of his intention to do or forbear from anything at the request or for the use of another, it is to be distinguished, on the one hand, from a mere declaration of intention involving no engagement or assurance as to the future, and, on the other, from "agreement," which is an obligation arising upon reciprocal promises, or upon a promise founded on a consideration.

See also aleatory promise

- breach of promise

- collateral promise

- conditional promise

- gratuitous promise

- illusory promise

- implied promise

- offer

- raising a promise.

Commercial law.

An undertaking to pay and it must be more than an acknowledgment of an obligation. U.C.C. No. 3-102(1X0.

- fictitious promise

- illusory promise

- mutual promises

- naked promise

- new promise

@ fictitious promise

Sometimes called "implied promises," or "promises implied in law," occur in the case of those contracts which were invented to enable persons in certain cases to take advantage of the old rules of pleading peculiar to contracts, and which are not now of practical importance.

@ implied promises

@ promises implied in law

implied promises or promises implied in law

See fictitious promise

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- illusory promise

@ mutual promises

Promises simultaneously made by and between two parties; each promise being the consideration for the other.

@ naked promise

One given without any consideration, equivalent, or reciprocal obligation, and for that reason not enforceable at law.

@ new promise

An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognizes and revives such former promise and engages to fulfill it

@ parol promise

A simple contract; a verbal promise

@ promise implied in fact

Promise implied in fact is merely tacit promise, one which is inferred in whole or in part from expressions other than words by promisor. Cooke v. Adams, Miss., 183 So.2d 925, 927

@ promise implied in law

Promise implied in law is one in which neither words nor conduct of party involved are promissory in form or justify inference of promise and term is used to indicate that party is under legally enforceable duty as he would have been, if he had in fact made promise. Cooke v. Adams, Miss., 183 So.2d 925, 927

@ promise of marriage

A contract mutually entered into by a man and a woman that they will marry each other

@ promise to pay the debt of another

Within the statute of frauds, a promise to pay the debt of another is an undertaking by a person not before liable, for the purpose of securing or performing the same duty for which the party for whom the undertaking is made, continues liable

@ promisee

One to whom a promise has been made

@ promisor

One who makes a promise

@ promissor

/pramisar/ Lat. In the civil law, a promiser; properly the party who undertook to do a thing in answer to the interrogation of the other party, who was called the "stipulator."

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