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.
