Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Bare promise
see gratuitous promise under promise.
Compromise
n. 1. An agreement between two or more persons to settle matters in dispute between them. 2. A debtor's partial payment coupled with the creditor's promise not to claim the rest of the amount due or claimed. -compromise, ub.
Counterpromise
n. A promise made in exchange for another party's promise <a promise supported by a counterpromise is binding in its inception>. - counterpromise, vb.
Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evicta, ex empto competere actionem
It is certain that even if the vendor has not given a special guarantee, an action ex empto lies against him, if the purchaser is evicted.
Promise
n. 1. The manifestation of an intention to act or refrain from acting in a specified manner, conveyed in such a way that another is justified in understanding that a commitment has been made; a person's assurance that the person will or will not do something. ( A binding promise - one that the law will enforce -is the essence of a contract. "By common usage, a promise is an expression leading another person justifiably to expect certain conduct on the part of the promisor. Such an expression is a promise, whether enforceable at law or not. It is indeed an essential element in every contract. Society does not guarantee the fulfillment of all expectations so induced." William R. Anson, Principles of the Law of Contract 6 n.3 (Arthur L. Corbin ed., 3d Am. ed. 1919). "[Promise] means not only the physical manifestations of assurance by words or conduct, but also the moral duty to make good the assurance by performance. If by reason of other operative facts the promise is recognized as creating a legal duty, the promise is a contract." Samuel Williston, A Treatise on the Law of Contracts § lA, at 4 (Walter H.E. Jaeger ed., 3d ed. 1957). "It is well to make clear two points at the outset The first is that I do not believe that all promises are morally binding; accordingly, I use the term 'promise' without prejudging the question whether the promise creates an obligation. The second is that, where a promise does create an obligation, the reason for that may depend upon whether the promise was explicit or implied. There is thus, in my view, a fundamental distinction between explicit and implied promises, and when I use the word 'promise' without qualification, I normally mean an explicit promise." P.S. Atiyah, Promises, Morals, and Law 8 (1981). 2. The words in a promissory note expressing the maker's intention to pay a debt. 9 A mere written acknowledgment that a debt is due is insufficient to constitute a promise. - promise, vb.
Promisee
One to whom a promise is made.
aleatory promise
A promise conditional on the happening of a fortuitous event, or on an event that the parties believe is fortuitous.
alternative promise
A contractual promise to do one of two or more things, any one of which must satisfy the promisee for the promise to qualify as consideration. "A promise in the alternative may be made because each of the alternative performances is the object of desire to the promisee. Or the promisee may desire one performance only, but the promisor may reserve an alternative which he may deem advantageous. In either type of case the promise is consideration if it cannot be kept without some action or forbearance which would be consideration if it alone were bargained for. But if the promisor has an unfettered choice of alternatives, and one alternative would not have been consideration if separately bargained for, the promise in the alternative is not consideration." Restatement (Second) of Contracts § 77 curt. b (1981).
bare promise
See naked promise.
breach of promise
The violation of one's word or undertaking, esp. a promise to marry. See HEARTBALM STATUTE.
collateral promise
See PROMISE.
compromise verdict
A verdict that is reached when jurors concede some issues so they can settle other issues in their favor.
conditional promise
A promise that is conditioned on the occurrence of an event < she made a conditional promise to sell the gold on April 2 unless the price fell below $300 an ounce before that time>. ( A conditional promise is not illusory as long as the condition is not entirely within the promisor's control.
dependent promise
A promise to be performed by a party only when another obligation has first been performed by another ply.
detriment to a promisee
Contracts. Consideration offered by a promisee to a promisor, esp. in a unilateral contract requiring an act from the promisee though the promisor has the power to revoke the promise.
divisible promises
Promises that are capable of being divided into independent parts.
false promise
A promise made with no intention of carrying it out.
fictitious promise
See implied promise under PROMISE.
gratuitous promise
A promise made in exchange for nothing; a promise not supported by consideration. ( A gratuitous promise is not ordinarily legally enforceable. - Also termed bare promise; naked promise.
gratuitous promise.
See PROMISE.
illusory promise
A promise that appears on its face to be so insubstantial as to impose no obligation on the promisor; an expression cloaked in promissory terms but actually containing no commitment by the promisor. ( For example, if a guarantor promises to make good on the principal debtor's obligation "as long as I think it's in my commercial interests," the promisor is not really bound. "An apparent promise which, according to its terms, makes performance optional with the promisor no matter what may happen, or no matter what course of conduct in other respects he may pursue, is in fact no promise. Such an expression is often called an illusory promise." Samuel Williston, A Treatise on the Law of Contracts § lA, at 5 (Walter H.E. Jaeger ed., 3d ed. 1957).
implied promise
See PROMISE.
independent promise
See unconditional promise.
marriage promise
A betrothal; an engagement to be married.
mutual promises
See PROMISE.
naked promise
See gratuitous promise under PROMISE.
new promise
See PROMISE.
offer in compromise
. See OFFER OF COMPROMISE.
offer of compromise
An offer by one party to settle a dispute amicably (usu. by paying money) to avoid or end a lawsuit or other legal action. ( An offer of compromise is usu. not admissible at trial as evidence of the offering party's liability. - Also termed offer in compromise; offer of settlement.
original promise
See PROMISE.
promise implied in fact
See PROMISE.
promise in consideration of marriage
A promise for which the actual performance of the marriage is the consideration, as when a man agrees to transfer property to a woman if she will marry him. ( A promise to marry, however, is not considered a promise in consideration of marriage.
promise in restraint of trade
See PROMISE.
promise not to compete
See noncompetition covenant under COVENANT (1).
remedial promise
A seller's promise to repair or replace goods, or the like, or to refund the price if the goods (1) do not conform to the contract or to a representation at the time of the delivery of the goods, (2) conform at the time of delivery but later fail to perform as agreed, or (3) contain a defect. UCC § 2-102(a)(31).
unconditional promise
A promise that either is unqualified or requires nothing but the lapse of time to make the promise presently enforceable. ( A party who makes an unconditional promise must perform that promise even though the other party has not performed according to the bargain. - Also termed independent promise.
voidable promise
A promise that one party may, under the law, declare void by reason of that party's incapacity or mistake, or by reason of the fraud, breach, or other fault of the other party.
voidable promise.
See PROMISE.