Divisible promises occur when an individual pledges to accomplish a task, but that task can be divided into smaller components. For instance, if someone commits to painting a house, they can break that commitment into separate promises to paint each room. Divisible promises hold significance as they enable individuals to make commitments that are more manageable and adaptable.
Divisible promises refer to promises that can be separated into distinct parts. For instance, if a contractor commits to constructing a house and finishing the plumbing and electrical work within a specific timeframe, these promises can be divided into separate parts. The contractor can prioritize completing the plumbing work before proceeding to the electrical work, without violating the terms of the contract. Divisible promises hold significance in contract law as they enable parties to fulfil their responsibilities gradually, rather than all at once. This proves advantageous in intricate projects that entail multiple stages to accomplish.
A divisible promise is a promise that can be divided into separate parts, each of which can be performed independently.
An indivisible promise is a promise that must be performed in its entirety, while a divisible promise can be performed in separate parts.
Yes, if a party fails to fulfill any part of a divisible promise, they can be held liable for breach of contract for that specific part.
If one part of a divisible promise is fulfilled but another part is not, the party may be held liable for breach of contract for the part that was not fulfilled.
Yes, a party can seek specific performance for a divisible promise if the other party fails to fulfill their obligations.
Yes, a divisible promise can be assigned to another party, as long as the assignment is allowed under the terms of the contract.
Yes, if there is a valid legal excuse, such as impossibility or frustration of purpose, a party may be excused from performing a divisible promise.
Yes, a party can seek damages for breach of a divisible promise, including damages for any part of the promise that was not fulfilled.
Yes, a divisible promise can be modified or amended if both parties agree to the changes in writing.
To clearly define a divisible promise in a contract, the contract should specify the separate parts of the promise, the obligations of each party for each part, and the consequences of non-performance for each part.
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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