Examples of promisor

• The person making the promise to pay is also known as the promisor.

• In his opinion the promise involved the promisor in two possible actions for breach of contract.

• In this case the promisor made it clear that she did not intend to be legally bound.

• Promises that are only to be carried out at the promisor's discretion cannot create a binding contract.

• The promisor might also increase the costs of reneging by announcing to others that an agreement has been made, thereby incurring reputational costs if he defaults.

• It may be available, for example, under a separate contract between the promisor and the third party.

• How should exclusion clauses and set-offs apply to the relationship between third parties and the promisor?

• Broadly, the promisor can rely on defences or set-offs which arise in two different ways.

• Strictly speaking, this is an illusory promise, since the promisor has no actual legal burden to pay if he chooses not to.

• Consequently, the debtor is still liable for the whole amount, as he can not force the promisor to accept less.

• Detriment is measured at the time when the promisor proposes to withdraw his promise, not at the time when the promise is made.

• Something that is already done is done, and it does not change the legal position of the promisor.

• However, promissory estoppel may permanently extinguish the rights of the promisor to claim lump sum after part-payment.

• However, courts will generally imply in law that the promisor must act in good faith and reject the deal only if he is genuinely dissatisfied.

• If it is done at the instance of a third party or without the desire of the promisor, it will not be good considsration.

• For what items of damage should the court hold the defaulting promisor?

• Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.

• The performance of an existing contractual duty owed to the promisor is not good consideration for a fresh promise given by the promisor.

• This liability can never exceed the amount that the promisor owes under the contract.