CH4 PROMISE

Question 1

What is a promise?

Answer 1

A voluntary unilateral obligation that one party takes towards another.

Question 2

Specify characteristics of promise.

Answer 2

1. Promises are unilateral. They are made by one person/entity regarding an act, or a restriction on acting (an omission). Ie. Jane will donate 100 pounds to the Children’s Hospital.
2. Promises do not require acceptance because they are unilateral.
3. Promises are immediately binding, unlike contracts that are bilateral because they do not rely on acceptance of a party for a contract to ensue.
4. Promises do not have a fixed format (ie. I will promise to donate x to the Children’s Hospital)…

Question 3

What are presumptions in favour of contract?

Answer 3

1. When there is a satisfaction of a condition. Ie. an offer stipulates that if there is performance/lack of performance, then there is a reward to be claimed. See Carlill v Carbolic Smoke Ball Co.
2. There is a strong presumption against donation, no one works for free.
3. Influence of English law and consideration means unilateral contracts (promises) do not exist (have multilateral + even bilateral agreements). This is because everyone is assumed to work for their OWN benefit.

NOTE. Scots law DOES have unilateral agreements.

Question 4

What are some applications of “promise”?

Answer 4

a. FIRM OFFERS
-Defined as promise to keep an offer open.
-CASE: LittleJohn v Hadwen, estate of Renniston sold and promise of Renniston to keep offer open for a fixed ten days.

b. REWARD CASES
-Promises to pay reward when conditions are fulfilled
-CASE: Petrie v Earl of Airlie (successful claiming of reward by Petrie from Earl demanding know identity of person printing out placard tarnishing his name).

–> also referred to as a CONDITIONAL PROMISE!!