Promise Flashcards
What is Stair’s definition of a promise?
A promise is “that which is simple and pure, and hath not implied as a condition the acceptance of another.”
What type of obligation does a promise create?
A unilateral obligation.
Whats the position of promises when it comes to being bound by an obligation?
Once made, it creates a legally binding obligation and it is irrevocable from the moment its made.
Is a promise onerous or gratuitous? Why?
Promises can constitute as both onerous or gratuitous.
what does a unilateral obligation mean?
A unilateral obligation is a promise that places an obligation on one person alone, that being the promisor, only the promisor is bound to honour the promise. This means there is no requirement for an acceptance from the promisee, they are able to reject it.
Does a promise require an acceptance from the promisee?
No! But the promise MUST be communicated to the promisee.
How can a promise be communicated?
Promises does not have to be constituted in words, in some cases there won’t be any words, simply action or a mixture of words and acts will render it sufficient.
How is the nature of an obligation determined?
By examining the circumstances/facts of the case.
What is indicative of a promise that sets it aside from a contract?
It’s the question of whether the promisor intended to be bound immediately.
Is a promise reliant on specific words (“I promise”) to constitute an obligation?
No specific forms of words are required to create a promise, so long as the promisor used words to demonstrate a serious intention to be bound immediately.
Which instances will the court render the promise unenforecable?
Where it appears that the promisor is still considering matters.
What is the stance of a promise in regards to ‘The Requirements of Writing (Scotland) Act 1995.’
*section 1 (2) (a) (ii)
This section requires all unilateral obligation must be made in formal i.e. signed, writing to be enforceable. An exception to this rule is a promise made in the course if a business. (this refers to gratuitous unilateral obligations)
*section 1(1)
The position of non-gratuitous/onerous unilateral obligations is that it Dows not require any from of writing.
Is it essential for the promisee to exist at the time the promise is made?
No!
