Definitions
from The American Heritage® Dictionary of the English Language, 5th Edition.
- noun The party to which a promise is made.
from The Century Dictionary.
- noun The person to whom a promise is made.
from the GNU version of the Collaborative International Dictionary of English.
- noun (Law) The person to whom a promise is made.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun A person who receives a
promise .
from WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved.
- noun a person to whom a promise is made
Etymologies
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Examples
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Also, recall that “efficiency” is in the eye of the beholder, and someone who wants to breach has a powerful incentive to misvalue the costs borne by the promisee.
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So even if we assume for the sake of argument that the AoA was the promisee under the 1891 Agreement as suggested above, a case could be made that in fact the individual alumni were actually the promisees and not third-party beneficiaries, individual alumni were quite obviously the intended beneficiaries of the agreement and have standing to sue.
The Volokh Conspiracy » Oral Argument in Dartmouth College Alumni Case: 2009
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For expectationalists, a promise is a perlocutionary act, as it's only successful if it actually produces the expectations in the promisee that the promise will be carried out.
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The act utilitarian explanation for promissory obligations is that these obligations arise from the negative consequences that attend the breaking of promises, where these negative consequences are, at least in part, created by the effects of the promise on the promisee, specifically, the creation in the promisee of the expectation that the promiser will keep her promise.
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But this clashes with our firm intuition that a broken promise harms primarily the jilted promisee.
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Where there is a third-party beneficiary, the standard rule is that duty can run to either the promisee or the third-paty beneficiary and either the promisee or the third-party has standing to sue to enforce the promise (Restatement (2d) section 305).
The Volokh Conspiracy » Oral Argument in Dartmouth College Alumni Case: 2009
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Why should the promisee believe you, knowing that it may be to your advantage to renege?
October 2007 2007
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There is a longstanding rule that permits even incidental beneficiaries to sue if there is an inability of the promisee to enforce the right such as because of death or disability or an “outright refusal” of the promisee to enforce the rights.
The Volokh Conspiracy » Oral Argument in Dartmouth College Alumni Case: 2009
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Why should the promisee believe you, knowing that it may be to your advantage to renege?
All Be Galdangit 2007
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In support of this picture utilitarians offer that promises are the sorts of things which are generally made because the promisee wants the thing promised, and so wants to be assured of getting it.
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