The promisee tried to justify the non-competition covenant on the grounds that it protected trade secrets. |
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The promisee can see only his right ab intra, the duty of the promisor and the judicial process he has to see ab extra. |
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Consideration may also be said to be illusory where it is clear that the promisee would have accomplished the act of forbearance anyway, even if the promise had not been made. |
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There is a valid contract if consideration has been paid, albeit by the promisee rather than the third party. |
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In addition, the promisor, although unable to take reciprocal action against the third party, can take action against the promisee. |
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Stevens asserts that the intention of parties to the contract is better protected by giving adequate remedies to the promisee. |
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In some cases, the courts have awarded the promisee with specific performance,28 but such a remedy will not be available in every case. |
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An incomplete solution where the promisee is unable or unwilling to enforce a contract made for a third party. |
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Revocation may be effected only by the promisee, or, after his death, by his heirs. |
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The damages resulting from the promisor's breach were to the third party, rather than to the promisee. |
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The promisee is himself entitled to demand performance from the promisor of the undertaking made for the benefit of a third party. |
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This it does either by specifically compelling the promisor to perform or by awarding the promisee damages to put him in as good a position as if the promise had been kept. |
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The promisee, then, has a right to have her expectations met, given the promisor's voluntary raising of her expectations. |
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So when the promisee goes searching for a reason to trust, the standard one is barred from consideration. |
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That is, it is the expectations of the promisee that are frustrated by the doctrine of privity rather than those of the third party. |
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It also follows that the promisor and promisee enjoy broad powers to shape the rights created in favour of the beneficiary. |
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The promisor and promisee may devise a contract in which the position of the beneficiary is significantly different from that of the promisee. |
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If it is not accompanied by a new designation of a beneficiary, revocation benefits the promisee or his heirs, as the case may be. |
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But if the promisee chooses to do so, he may have the promisor ordered to complete the contract as long as it is not shown that this is impossible. |
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Promises don't cease to be binding because the promisee is dead. |
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The intuitively obvious reason for the trust of a promisee has is that the promiser has promised, and as such has placed herself under a moral obligation to do the deed. |
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Being self-sufficient, she did not, at least not by definition, owe any duties except those she first chose to owe to her promisee. |
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The doctrine of privity emerged alongside the doctrine of consideration, the rules of which state that consideration must move from the promisee. |
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It can take place even after the death of the promisee or the promisor. |
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Where a contract is made for the benefit of a third party, the promisee has normally no claim to the money or other performance properly due to the third party. |
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