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Перевод: promisee

[существительное]
кредитор по договору

Тезаурус:

1. "An agreement to do an act which the promisor is under an existing obligation to a third party to do, may quite well amount to valid consideration the promisee obtains the benefit of a direct obligation
2. These authorities suggest that a promise to pay money, or to do any other act, in a certain event but without any express or implied request to the promisee to bring about, or to promise to bring about, that event, is made without consideration.
3. In the first place, it assumes that the only test of consideration is a detriment to the promisee.
4. In particular, the first theory fails to encompass examples of consideration in unilateral contracts, where there is no agreement but simply an offer which is contingent upon the performance of an action involving detriment to the promisee.
5. The court assumes that, if the ground-rent was "a burden incident to the taking of the lease" or (Lord Denman C.J.) "a necessary burden on the premises," the plaintiff's promise to pay it would not have been a sufficient consideration: a promise to make a gift of onerous property is still a mere promise to make a gift, though the promisee agrees to assume the burden.
6. As a subsidiary argument, counsel for the defendants submits that on the facts of the present case the consideration, even if otherwise good, did not "move from the promisee."
7. It is not open to the promisor to go back and undo the loss; he is able only to make it good, and this can be done only by an award of damages in the amount of the promisee's interest.
8. If someone has promised that he will prevent the promisee suffering any loss, and he does cause that no such loss arises from that matter, he does what he promised; but if he does not, because he does not do what he promised, he is condemned in a sum of money, as happens in all obligations for performance.
9. The primary purpose of a promise is to undertake an obligation; the special rights which arise for the promisee are in a sense secondary.
10. As for economic value, the judges have recognised, for over a century, the validity of the contract to pay 100 if the promisee will walk to York (a famous example given by Brett J. in Great Northern Rly. v. Witham (1873) L.R.9C.P 16); and no one has ever demonstrated what economic value there is in walking to York.
11. The doctrine of consideration provides that a promise will bind the promisor only if it is given as the price for another's promise or as the price for an action which involves a detriment to the promisee.
12. A peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn.
13. While, therefore, the performance may not be a detriment to the promisee, it is certainly a benefit to the promisor.