Published online by Cambridge University Press: 05 August 2011
There are a number of principal arguments advanced in this work, among them that promise has played a central role in obligations theory and practice (in part, though not merely, because it has been used to describe the nature of contract), that the idea of promise as a manifestation of human will and commitment is central to an understanding of contract, that this idea explains much of the body of contractual rules and doctrines applied by the courts, and that promise narrowly defined (as a unilateral promise) is a better explanation for a number of circumstances in which voluntary obligations are intended than is the bilateral obligation of contract. However, none of these arguments can sensibly be advanced without first settling the fundamental definition of the idea of a promise and the characteristics of the practice or institution of promising. For that reason, this chapter will address some very basic matters, including: the constituent elements of a promise; how promises are formed; what the party making a promise (the promisor) must intend before a promise can exist; whether the beneficiary of a promise (the promisee) must also intend anything before the promise can be constituted; whether promises must be accepted before they bind the promisor; and whether promises may be made subject to conditions.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.