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promise

contr. An engagement by which the promisor contracts towards another to perform or do something to the advantage of the latter.

2. When a promise is reduced to the form of a written agreement under seal, it is called a covenant.

3. In order to be binding on the promisor, the promise must be made upon a sufficient con@ideration - when made without consideration, however, it may be binding in foro conscientice, it is not obliggtory in law, being nudtim pactum. Rutherf. Inst. 85; 18 Eng. C. L. Rep. 180, note a; Merl. Rep. h. t.

4. When a promise is made, all that is said at the time, in relation to it, must be considered; if, therefore, a man promise to pay all he owes, accompanied by a denial that he owes anything, no action will lie to enforce such a promise. 15 Wend. 187.

5. And when the promise is conditional, the condition must be performed before it becomes of binding force. 7 John. 36. Vide Condition. Promises are express or implied. Vide Undertaking, and 5 East, 17 2 Leon. 224, 5; 4 B. & A. 595.

Source : Bouvier 1856

Language : English

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