1) n. a firm agreement to perform an act, to refrain from acting, or to make a payment or delivery. In contract law, when the parties exchange promises, any promise is “reflection” (a valuable point) for the other promise. Failure to execute a promise of contract is an offence for which the other party may sue for damages and/or interest. 2) to act against a firm agreement, to refrain from acting, or to make a payment or delivery. (See: Contract, consideration) We start by thinking about what it means to make a promise. Let us just forget the law for a moment and think about what ordinary people mean when they talk about a promise. Suppose your teacher tells you, on the first day of class, “I promise you you will benefit from contracts this semester.” Think about how we should understand this “promise.” Does the fact that the statement is oral and unwritten make a difference? Is there anything about the circumstances in which this statement is made that undermines your confidence in the teacher`s intention that this “promise” be binding? Our second main case deals with another context in which the parties dispute the existence of a commitment. If you read the notice, you wonder what perspective the court is assessing Zeher`s alleged promise to sell his farm.  On Sunday, the day after the instrument was signed on Saturday evening, a friendly meeting was held at a house in the town of McKenney, during which general comments were made on the sale. Ms. Zehmer testified that on that occasion, as she walked past a group of people, including Lucy, who was talking about the transaction, $50,000 was mentioned, and she went and said, “Well, with the expensive whiskey you drank last night, you should have paid more. It was cheap.
Lucy testified that Zehmer told him at the time that he did not want to “hold him” or that he did not want to stick to the agreement because he, Lucy, was too tight and did not know what he was doing, to which Lucy replied that he was not too tight; That he was stuck before and that he did. Zehder`s version was that he told Lucy: “I`m not trying to say it wasn`t a deal because the price was too low. If I wanted to sell $50, 000, that would be a good price, in fact I think you`d be stuck at $50,000. A selfless witness testified that Zehmer told Lucy that he wanted to “let him out of the agreement because he thought he was too tight, didn`t know what he was doing.” Lucy said something about it: “I`ve already got stuck and I`m going to take care of it.”  The evidence is also compelling that Zehmer wrote two chords, the first that begins to sell: “I agree with that.” Zehmer first said he didn`t remember, then, “I don`t think I wrote that one.” Ms. Zehmer said that what he wrote, “I agree here,” but that the “me” was changed after that night into “us.” The agreement that was written and signed is in the registration and indicates that none of these changes. Nor are the spelling mistakes to which Zehmer sought to refer easily.