Evidence – When an accused has been arrested, he is often led to confess because he promised him that if he told the truth, he would either be dismissed or preferred: in such a case, the proof of confession cannot be received because it is obtained by the flattery of hope, it comes in such a questionable form, If it is to be considered proof of guilt, it should not be credited. That is the principle, but what amounts to a promise is not so easy to define. A contract is a promise or set of promises that the law remedies or recognizes the performance of which the law recognizes as an obligation in any way. Although the court sometimes refers to Bailey and West as if they were directly related, the Bailey case is also full of potential “agents.” A complex law determines who is an agent and what that agent can do on behalf of his “principal.” Here are some sections of the Restatement (Third) of Agency (2006), which explain the basic legal rules of when a person has the legal authority to enter into a contract for another person. Apparent authority is the power of a representative or other actor to influence the legal relationships of a contracting entity with third parties where a third party has reason to believe that the actor is authorised to act on behalf of the principal and that belief is due to the client`s manifestations. Promissory Estoppel is the legal principle that a promise is legally enforceable, even if made without formal consideration, if a promise has made a promise to a promise, which then relies on that promise to his subsequent disadvantage. The purpose of stopping promissory notes is to discourage the promissor from arguing that an underlying promise should not be lawfully honoured or enforced. The doctrine of stopping promissory notes is part of law in the United States and other countries, although the exact legal requirements for stopping promissory notes vary not only between countries, but also between different jurisdictions, such as states, within the same country. 1) n. a firm agreement to take action, not to act, or to make payment or delivery.
In contract law, when the parties exchange promises, each promise is a “quid pro quo” (an element of value) for the other promise. The non-performance of a promise in a contract is a breach of contract for which the other party can bring an action for performance and/or damages. 2) v. to enter into a binding agreement, to act, not to act or to make a payment or delivery. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. How can these agency rules be applied to the situation in Bailey v. West? Is there a plausible argument based on the agency`s law that supports the assertion that West should be required to pay for Bascom`s Folly boarding? If so, who is the agent or other actor who has the legal authority to act on whose behalf? Can you also elaborate on any agency legal arguments that release West from any obligation to Bailey? (1) No one may be contractually bound unless he is legally capable of entering into at least questionable contractual obligations.
The capacity to enter into a contract may be partial and its existence in relation to a particular transaction may depend on the nature of the transaction or other circumstances. Apparent authority within the meaning of Article 2.03 derives from a person`s manifestation that another person is authorized to act with legal consequences for the person making the manifestation if a third party has reasonable grounds to believe that the actor is authorized and that the belief is due to the demonstration. People make all kinds of promises and statements in their daily lives, sometimes without knowing how others might interpret them. In fact, even an oral statement that looks like an offer can be legally interpreted as imposing contractual obligations on you that you may never have made. Now read the following sections of the Rewording (Second) and consider how the legal use of the term “promise” relates to our healthy understanding of the word. One way to think about this case is whether the court should uphold Bailey`s or West`s expectations regarding the alleged boarding contract. Is there a common thread that can unite our efforts to analyze the expectations of the parties? What word could we use to describe the test used by the court to decide whether Bailey has the legal right to expect payment for Bascom`s Folly boarding? If you are a director or sole proprietor, you should be particularly aware of the difference between a blank declaration and a legally enforceable declaration.
