A dependent promise occurs when an individual commits to performing a task only after another person completes a prior action. For instance, if you agree to provide your friend with a ride solely after they finish their homework, this constitutes a dependent promise. It can be understood as stating, “I will fulfil this obligation, but only if you fulfil yours beforehand.”
A dependent promise refers to a promise that is fulfiled only after another party fulfils their obligation. For instance, if a company agrees to pay a vendor only after the vendor delivers the goods, this is considered a dependent promise. Another example is a contract that stipulates one party must complete a task before the other party is required to make payment. Dependent promises are commonly found in construction contracts, where a contractor commits to finishing a project before the owner is obligated to pay. These promises play a crucial role in contracts as they ensure that both parties fulfil their obligations before any form of payment or benefits are exchanged. This helps prevent disputes and guarantees the satisfaction of both parties with the contract’s outcome.
A dependent promise refers to a promise made by one party that is contingent upon the fulfillment of another promise by a different party. It means that the performance of one promise is dependent on the performance of another promise.
An independent promise is one that is not contingent upon the fulfillment of any other promise. It stands alone and its performance is not affected by the performance of any other promise. On the other hand, a dependent promise relies on the fulfillment of another promise for its performance.
In general, a dependent promise cannot be enforced if the other promise it is dependent on is not fulfilled. The performance of the dependent promise is contingent upon the fulfillment of the other promise, and if that promise is not fulfilled, the dependent promise loses its legal effect.
There are certain exceptions to this rule. For example, if the party making the dependent promise has already performed their part of the agreement, they may be able to enforce the dependent promise even if the other promise is not fulfilled. Additionally, if the party relying on the dependent promise has incurred expenses or suffered damages in reliance on that promise, they may have a claim for compensation.
Yes, a dependent promise can be modified or terminated if both parties agree to the changes. However, any modification or termination should be done in accordance with the terms of the original agreement and should be documented in writing to avoid any future disputes.
If the dependent promise is fulfilled but the other promise is not, the party who fulfilled the dependent promise may have a claim for damages or compensation. They may be able to seek legal remedies to recover any losses suffered as a result of the other party’s failure to fulfill their promise.
If the other promise is impossible to fulfill, the dependent promise may still be enforceable. However, this would depend on the specific circumstances and the applicable laws. It is advisable to consult with a legal professional to determine the enforceability of a dependent promise in such situations.
A dependent promise can be oral or in writing, depending on the nature of the agreement and the applicable laws. However, it is generally recommended to have all promises and agreements in writing to avoid any misunderstandings or disputes in the future.
A dependent promise can be revoked if both parties agree to the revocation. However, revocation should be done in accordance with the terms of the original agreement and should be documented in writing to ensure clarity and avoid any potential legal issues.
If you have concerns about a dependent promise in a legal agreement, it is advisable to consult with a qualified attorney who specializes in contract law. They can review the agreement, assess your rights and obligations, and provide guidance on the best course of action to protect your interests.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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