Define Promise.

Question: Define Promise. [MPJS 2018]

Find the answer to the mains question of the Law of Contract only on Legal Bites. [Define Promise.]

Answer

Under the Indian Contract Act, 1872, a "promise" is defined in Section 2(b). The definition of a promise is as follows:

 According to the Indian Contract Act, when a person signifies to another person his willingness to do or to abstain from doing something, with the intention of obtaining the assent of that other person to such act or abstinence, he is said to make a promise.

In simpler terms, a promise is a proposal or expression of willingness made by one party to another, stating their intention to perform a certain action or refrain from doing something. The essential elements of a promise are:

1. Expression of Willingness: The person making the promise must clearly communicate their willingness to do or not do something.

2. Intention to Obtain Assent: The person making the promise must have the intention of getting the other party to agree to the proposal.

3. Act or Abstinence: The promise must pertain to an action that the promisor (person making the promise) is willing to perform or refrain from performing.

4. Communication: The promise should be communicated to the other party, either directly or indirectly, for it to be valid.

Promises are crucial in the formation of contracts, as they form the basis of mutual understanding between parties. When a promise is accepted by the other party, it becomes a legally enforceable agreement, and the parties involved are bound to fulfill their respective obligations as per the terms of the contract.