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Topic: Illusory promise

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William Allen Neilson

Northumberland, Pennsylvania

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	Illusory promise - Wikipedia, the free encyclopedia
		A promise may be illusory for a number of reasons.
		Illusory promises are so named because they merely hold the illusion of contract.
		Strictly speaking, this is an illusory promise, since the promisor has no actual legal burden to pay if he chooses not to.
	en.wikipedia.org /wiki/Illusory_promise (546 words)

	Illusory Promise (Site not responding. Last check: 2007-10-25)
		Illusory Promise: An “illusory” promise is not supported by consideration and is unenforceable.
		An illusory promise is a statement which appears to promise something but really doesn’t commit the maker of the promise to do anything.
		Example: If a contract (such as a lease) allows one or both parties to terminate the agreement at her/his option, that right may be regarded by the courts as an illusory promise, and refuse to enforce the contract if there is a breach.
	www.ssu.missouri.edu /courses/agec256/illusory_promise.htm (79 words)

	[No title]
		Rest 2nd -1- A contract is a promise or set of promises, for breach of which, the law gives a remedy, or the performance of which the law recognizes as a duty.
		Chapter 1- Donative Promises, Form, and Reliance Simple Donative Promise— Promise made in friendship/love etc. that have not been demonstrably relied upon The moral obligation to keep a promise is not grounds for concluding that there is a legal obligation to keep a promise.
		A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise - it may be an act, a forbearance, or a change in relation.
	www.lawsch.uga.edu /hlsa/Outlines/Contracts2.doc (13558 words)

	[No title]
		Illusory promise A general rule for bargains — A bargain consisting of an exchange of promises requires mutuality of obligation; traditionally both parties must be bound or neither is bound, but there are exceptions.
		The court held that this letter wasn’t a new promise to pay the debt he owed that was actually barred by the S of L. Promise to pay a debt discharged by bankruptcy Promise to pay a debt that was made when the person was an infant.
		Promise to pay a moral obligation Restatement § 86 A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice.
	www.usfca.edu /org/SBA/outline_docs/ContractsI_2.doc (7744 words)

	Illusory Promise -- resources (Site not responding. Last check: 2007-10-25)
		Excerpt:...state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be...
		Excerpt:...tantalizes unprepared students with the promise of a University of Michigan degree and all of the...
		Excerpt:...floor of the Senate that 'It is a vain and an illusory hope to anticipate that the Government of the...
	bankruptcy.mongabay.com /resources/Illusory_Promise.html (1230 words)

	[No title] (Site not responding. Last check: 2007-10-25)
		A promise to perform a preexisting contractual duty cannot support an agreement to modify a contract under traditional common law rule; new consideration is required.
		Under the doctrine of promissory estoppel, a promise that is not supported by consideration may be enforceable under the equitable theory that the promise induced reliance by the promisee, and the reliance was reasonable.
		Therefore, a promise is sometimes enforced even if it is not supported by consideration if the promise has caused the promisee to act in reliance upon it, and it would be unfair to not enforce the promise.
	www.csulb.edu /~hparedes/ch-10.doc (2228 words)

	Help
		Because defendant was obligated to exercise its discretion under the pre-2002 policy in good faith, the promise of an early retirement benefit in that policy was not illusory.
		We therefore conclude that plaintiff alleged facts sufficient to constitute a claim that defendant's pre-2002 policy included a contractual promise to pay early retirement benefits to eligible employees on a good-faith determination by defendant's board that early retirement would benefit defendant and the employee and that defendant repudiated that promise by adopting the 2002 policy.
		We turn to whether the trial court erred in dismissing plaintiffs' claim that defendant is estopped by promises in the pre-2002 policy "from modifying the pre-March 1, 2002 policy to the detriment of Plaintiffs and [***14] members of their class." In Bixler v.
	www.sou.edu /polisci/pavlich/Furrer_v_SWOCC.htm (1891 words)

	32 Wn. App. 22, OMNI GROUP v. SEATTLE-FIRST NAT'L BANK
		A contracting party's promise is not rendered illusory by virtue of his obligation being conditioned on his taking some action which has a result which is satisfactory to him.
		But that a promise given for a promise is dependent upon a condition does not necessarily render it illusory or affect its validity as consideration.
		Although these decisions do not expressly discuss the issues of mutuality of obligation or illusory promises, they necessarily imply that the promisor's duty to exercise his judgment in good faith is an adequate consideration to support the contract.
	www.mrsc.org /mc/courts/appellate/032wnapp/032wnapp0022.htm (1959 words)

	Chapter 02A
		Pre-existing duty rule: If a party does or promises to do what he is already legally obligated to do, or if he forbears or promises to forbear from doing something which he is not legally entitled to do, he has not incurred a "detriment" for purposes of consideration.
		Illusory promises: An "illusory" promise is not supported by consideration, and is therefore not enforceable.
		An illusory promise is a statement which appears to be promising something, but which in fact does not commit the promisor to do anything at all.
	home.pon.net /jmt/law/OneL/contract/emancon2.html (1868 words)

	[No title]
		Restatement 2nd § 2(1) — “A promise is a manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made.” Illusory promises cannot be enforced unless: (A) satisfaction clause — implied-in-law (public policy) — Mattei v.
		Pfeiffer — the ct used the doctrine of promissory estoppel to enforce D’s promise to pay her pension because P relied on that promise — she would not have retired if it were not for the pension.
		Restatement 2nd § 86 — “(1) A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice.
	docs.law.gwu.edu /stdg/hlsa/Maggs1.doc (9337 words)

	24 Wn. App. 601, WHARF RESTAURANT v. PORT OF SEATTLE
		An alleged promise the performance of which is optional or discretionary on the part of the promissor is illusory and cannot form the basis of a contract.
		Any claimed promise by the Port to the Wharf of a right of first refusal on the 20-year lease later entered into between the Port and the new lessee was illusory, and specific performance and damages were properly denied.
		A supposed promise is illusory when it is so indefinite that it cannot be enforced, or where, as here, its provisions are such as to make its performance optional or entirely discretionary on the part of the claimed promissor.
	www.mrsc.org /mc/courts/appellate/024wnapp/024wnapp0601.htm (3678 words)

	Contracts Class Notes 10/29/03
		A bilateral contract is one where a promise is exchanged for a promise.
		A useful definition of an illusory promise is that it is a promise that is impossible to break.
		To the extent that a promise is illusory, you can’t hold someone to it.
	lawschool.mikeshecket.com /contracts/10-29-03.htm (1637 words)

	SurfWax: News, Reviews and Articles On Illusory Promise
		While I agree we can't allow the perfect to be the enemy of the good, we simply can't risk bargaining away the very identity of this nation on the illusory promise that holes in the bill will be patched over in time.
		It is what we refer to in contract law as an illusory promise.
		Perhaps it was this as much as Mr Ebbers s hubris that encouraged the firm to employ accounting tricks to keep an illusory promise alive.
	www.lawkt.com /files/Illusory_Promise.html (505 words)

	No. 99-2522
		Second, he contends that even if the contract was not illusory, he had a vested right in the higher renewal commission rates on policies that were in effect before the 1996 changes to the compensation schedules took effect.
		American Family aptly cites in its brief to the further commentary by Corbin on this topic: "Such an illusory promise is neither enforceable against the one making it, nor is it operative as a consideration for a return promise.
		Even if the contract is not illusory, Wesolowski argues that he had acquired a vested right to the higher renewal commissions for policies that were in effect prior to the 1996 amendment to the compensation schedules.
	www.wisbar.org /res/capp/z1999/99-2522.htm (2285 words)

	Smith & Roberson's Business Law 11e
		Mark promises Tom $5,000 for one of his original oil paintings on the condition that he receives $2,000,000 from his mother's will.
		A promise to pay a debt discharged in bankruptcy where the promise meets the requirements of the Bankruptcy Act.
		Under the common law a promise made to give value for a pre-existing moral obligation is enforceable.
	www.swlearning.com /blaw/smithandroberson/ch12/ch12.html (410 words)

	Introduction (Site not responding. Last check: 2007-10-25)
		Briefly illusory consideration or promise is about a promise in the contract which turns out not to be a promise at all.
		If a "promise" turns out not to be a promise, either because it is badly drafted or because there is an express reservation either in the so-called promise itself or elsewhere in the contract, which renders the supposed promise optional, then it is said to be illusory.
		As to the illusory consideration argument, Gibbs CJ thought that this was not a problem because the satisfaction of the purchaser was not so much the consideration as a condition which had to be satisfied.
	law.anu.edu.au /colin/Lectures/illusory.htm (6073 words)

	Jerod Tufte's Contracts I Short Outline - Professor Rose 1999
		To be consideration, a return promise or performance must be bargained for and must be induced by the promise.
		The pretense of a bargain won't constitute consideration, nor will an illusory promise, but a satisfaction clause is not illusory.
		A promise of an at-will job may be enforceable under R2d90.
	www.asu.edu /clubs/fedsoc/outlines/JT-Contracts-short.html (1128 words)

	Contracts Class Notes 10/31/03
		One way to interpret Ursula’s promise is as a set of two alternatives: either (1) she’ll pay for the painting, or (2) examine it and express her dissatisfaction.
		Note that Ursula’s promise is not illusory because it is quite possible to break it.
		The answer as articulated by Omni is that her promise was not illusory, and therefore it constituted good consideration and Rick’s promise shall be enforced.
	lawschool.mikeshecket.com /contracts/10-31-03.htm (1675 words)

	[No title]
		(promise vs. statement of fact) Promise requires something that seems like a commitment (more than just a statement of fact) Example: House next to empty lot: A seeks to buy lot from B. B asks if A plans to build a gas station.
		Employer died, estate refused to continue to pay Court says past consideration is allowable in cases of a moral obligation where there is a definite and substantial material benefit to the promisor (e.g., life saved).
		Family Promises: Typically, there is no restitution available for usual and incidental activities conducted within the marital relationship Pyeatte v.
	www.law.nyu.edu /studentorgs/sba/outlines/firstyear/contracts1/murphy_f03.doc (4632 words)

	Consideration
		With promise #1: the OR is the promissor and the EE is the promise.
		With promise #2: the OR is the promissee and the EE is the promissor.
		A promise has to seek, induce, and exchange a promise from the other.
	pages.stern.nyu.edu /~rhendler/lab/notes/SEPT24L.html (1062 words)

	The Illusory Promise: Freedom of the Press in Hong Kong, China
		Current domestic and foreign policies toward Hong Kong are premised on the assumption that meaningful promises exist for China to keep or break and for Hong Kong and the West to monitor and enforce.
		In fact, the "promises" referred to are illusory because the provisions in which they are contained lack definition.
		In Parts II and III, the Article demonstrates the illusory nature of the "promise" of freedom of the press through a textual analysis of the relevant provisions of the Joint Declaration and the Basic Law.
	www.law.indiana.edu /ilj/volumes/v73/no3/foster.html (13655 words)

	LawKT.com: Law Firm Publications on Illusory Promise
		Specifically, while EDS was obligated to provide an arbitration forum, rules and procedures, and a hearing and decision, there were no details regarding the nature of the forum, or standards with which EDS was required to comply.
		The court held that the arbitration agreement was unenforceable because it was supported by an illusory promise from the employer.
		Although both the employer and the employee promised to submit certain claims to arbitration under the policy, the employer retained the right to unilaterally amend the type of claims that the arbitration agreement covered at any time
	www.lawkt.com /pubs/Illusory_Promise.html (365 words)

	[No title]
		Promise not to commit crimes or torts C.
		Promises by public officials to perform duties D.
		Mutuality of obligation $ÿ•dZ2.÷ÍûZ³ÿÿ$ÿÿÿ•ÿÿdZJA. Contract lacks mutuality if one promise is illusory B.
	www.csulb.edu /~klacey/220/consideration.ppt (141 words)

	Oregon Judicial Department Appellate Court Opinions
		Salem Gaslight Co., 6 Or 405, 407 (1877) (contract that contains promise by one party without concurrent obligation by second party is illusory).
		We turn to whether the trial court erred in dismissing plaintiffs' claim that defendant is estopped by promises in the pre-2002 policy "from modifying the pre-March 1, 2002 [p]olicy to the detriment of Plaintiffs and members of their class." In Bixler v.
		An "illusory" promise is described in the Restatement (Second) of Contracts §; 2 comment e (1981), in part, as follows:
	www.publications.ojd.state.or.us /A120157.htm (2216 words)

	MY NOTES
		Commitment: there must be mutual assent during the creation of the contract; it must be determined if there is an expression of a promise, undertaking, or commitment.
		was the promise illusory: an agreement in which one party has become bound and the other party has not; lacks mutuality - at least one of the promises is illusory
		The fact that this act or promise may confer a legal benefit on the other party, taken alone, is not sufficient consideration
	home.pon.net /jmt/law/onel/contract/con2nd.htm (2799 words)

	Glencoe Secondary Understanding Business and Personal Student Site
		Under the doctrine of promissory estoppel, a promise may be enforceable without consideration.
		it is a promise for a future event.
		there was no promise made by the security guard to catch the criminal.
	www.glencoe.com /qe/qe51.php?qi=1311 (229 words)

	[No title]
		Lucy (104): mkt designs for profits ct implied promise: to make reasonable efforts b/c w/o implied promise, the contract would be meaningless b/c structural agreement = incentive to use best effort is built in Ex.
		bankruptcy: promise to pay creditor in spite of discharge infancy: promise to pay after becoming of age issues statute of limitations continues w/ old promise but can sue on new promise old rule: past consideration does not give rise to new enforceable consideration ex.
		Lath: if had PAID for promise to remove shack integrated w/o separate consideration, but “naturally omitted” apply by analogy to non-sale-of-goods admit evidence of what is “natural” between the parties ex.
	www.law.berkeley.edu /journals/clr/outlines/contracts-eisenberg-00.doc (2664 words)

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