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Перевод: promisor
[существительное] должник по договору
Тезаурус:
- "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
- It would not allow it to be enforced against the promisor; and if property had been transferred, the recipient was treated as holding it for the benefit of the person who had parted with it, and as bound to restore it.
- If loss is incurred, then the promisor is condemned in a sum of money.
- In cases (a) and (b) where the thing promised or performed is precisely the thing which the promisor is already bound to do and no more, and there is no dispute that he is bound to do it, there is said to be no consideration or only illusory consideration for the new promise, and it is not enforceable.
- Would the promise of a complete stranger to pay a mother to maintain her illegitimate child be binding on the promisor?
- 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.
- If the promisor gets what he asks for in return for his promise, he has received sufficient consideration and is bound.
- The fact that the promisor has already received consideration for his promise before he makes it, so far from enabling him to break his promise seems to us to form an additional reason for making him keep it.
- As for the second of those preconditions, whether the act done at the request of the promisor raises an implication of promised remuneration or other return is simply one of the construction of the words of the contract in the circumstances of its making."
- The courts are generally concerned only with the question whether the promisor has made a bargain, not with whether he has made a good bargain.
- 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.
- Moreover, why did the promisor make the promise if it was to have no legal effect?
- First, while promising always purports to impose obligations on the promisor, consenting does not always do so.
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