Contract Law For Promise In Santa Clara
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Contracts. Chapter 301. Contracts—Formation, Interpretation, and Enforceability. WPI 301.02 Promise Defined. A promise is an expression that justifies the person to whom it is made in reasonably believing that a commitment has been made that something specific will happen or not happen in the future.
Thus, a promise may be enforceable to the extent that the promisee has incurred substantial costs, or conferred benefits, in reasonable reliance on the promise.
In Contract as Promise: A Theory oJ Contractual Obligation, Charles Fried argues that the moral basis of contract law is lodged in the promise principle, "that principle by which persons may impose on themselves obli- gations where none existed before" (p. 1).
For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.
Thus, a promise may be enforceable to the extent that the promisee has incurred substantial costs, or conferred benefits, in reasonable reliance on the promise.
Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.
An illusory promise is a promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform.
Consideration is not binding if the promise does not create a duty or impose an obligation such as with illusory promises. Illusory promises include termination clauses in contracts and output and requirements contracts.
An example of a Proof of Service is a signed declaration from the person who served the documents, stating the name of the person who was served and the date, time, and manner of service. A Proof of Service may also include an affidavit, which is a sworn statement that the documents were properly served.
Tells the court that you had the other party served in person with legal papers. Lists the papers that were served. It also tells when and where the papers were served and who served them.
