Pollicitation is a sophisticated term for making a promise. When someone commits to doing something for you and you agree, that’s a promise. This is distinct from simply offering to make a promise, which is known as an “offer of a promise.”
Pollicitation refers to the act of offering a promise in a contract. It occurs when one party proposes to perform a certain action in exchange for something else. For instance, if someone offers to pay you $100 for mowing their lawn, that would be considered a pollicitation. The offer itself represents the promise, and if you accept it, a contract is formed. Another example is when a company guarantees to deliver a product to you by a specific date in return for your payment. This guarantee constitutes a pollicitation, and if you agree to it, a contract is established. Pollicitation holds significance in contract law as it helps define the terms of an agreement. It enables individuals to make commitments to one another and ensures accountability for those commitments.
Pollicitation is a legal term that refers to a promise or offer made by one party to another, which creates a binding obligation.
No, pollicitation is not the same as a contract. While both involve promises and obligations, pollicitation is a preliminary stage to the formation of a contract.
Yes, pollicitation can be enforced in court if it meets the requirements for a binding promise or offer.
A binding pollicitation must be clear and definite, made with the intention to create a legal obligation, and accepted by the other party.
Yes, pollicitation can be revoked before it is accepted by the other party.
An invitation to treat is an invitation to negotiate or make an offer, while pollicitation is a promise or offer that creates a binding obligation.
Pollicitation can be made orally or in writing, as long as it meets the requirements for a binding promise or offer.
The remedy for breach of pollicitation is damages, which are intended to compensate the injured party for any losses suffered as a result of the breach.
Yes, pollicitation can be conditional, but the conditions must be clear and definite and must not be contrary to law or public policy.
No, pollicitation is not the same as a guarantee. A guarantee is a promise to pay the debt or fulfill the obligation of another party, while pollicitation is a promise or offer that creates a binding obligation.
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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