Legal Definitions - false promise

False Promise

A false promise occurs when one person makes a statement about a future action they intend to take, but at the very moment they make that promise, they have no genuine intention of fulfilling it. This type of promise is often made to deceive or induce another person to act in a certain way, such as entering into a contract or parting with money or property. The key element is the lack of intent to perform the promised action at the time the promise is made, rather than simply failing to perform a promise due to unforeseen circumstances.

Here are some examples illustrating a false promise:

• Example 1: Business Transaction

  A furniture salesperson tells a customer, "If you purchase this sofa today, we promise to deliver it to your home within 48 hours and include a complimentary stain-resistant treatment." The salesperson knows, however, that due to severe supply chain issues and a backlog of orders, the earliest possible delivery date is two weeks away, and the store does not offer free stain treatments. The customer, relying on the expedited delivery and free treatment, completes the purchase.

  This is a false promise because the salesperson made a specific commitment about future actions (48-hour delivery and free treatment) while knowing at the time of the promise that these actions would not be performed. The intent was to induce the customer to make the purchase.

• Example 2: Real Estate Agreement

  A landlord, trying to attract tenants to an older apartment building, tells a prospective renter, "Sign a 12-month lease today, and I promise to install brand new, energy-efficient windows in your unit within the first two months." The landlord has no intention of upgrading the windows, having previously decided against the expense due to budget constraints. The renter signs the lease, believing the promise of improved insulation and lower utility bills.

  This illustrates a false promise because the landlord made a definite commitment regarding a future improvement to the property, knowing full well that they had no intention or plan to fulfill that promise. The purpose was to secure the renter's commitment to a long-term lease.

• Example 3: Personal Loan

  An individual asks a friend for a $5,000 loan, stating, "I promise to repay you the full amount, with interest, by the end of next month, as I'm expecting a large inheritance to clear." At the time of making this promise, the individual knows there is no inheritance, is unemployed, and has no realistic prospect or intention of repaying the loan within the stated timeframe. The friend, trusting the promise, transfers the money.

  This is a false promise because the borrower made a clear commitment to repay the loan with interest by a specific date, knowing at the time of the promise that they had no intention or capacity to do so. The promise was a deceptive tactic to obtain the money from their friend.