Legal Definitions - independent promise

An independent promise refers to a commitment within an agreement that must be fulfilled by one party, regardless of whether the other party has performed their own obligations. Unlike a dependent promise, where one party's duty to perform is conditional upon the other party's prior or simultaneous performance, an independent promise stands alone. The failure of one party to perform their part of the agreement does not excuse the other party from performing their independent promise.

• Residential Lease Agreement

  Imagine a tenant signs a lease agreement for an apartment. The tenant's promise to pay monthly rent is typically an independent promise. Even if the landlord delays making a non-emergency repair, such as fixing a leaky faucet, the tenant is still obligated to pay the rent on time. While the tenant might have other legal remedies for the landlord's breach (like demanding the repair or, in some jurisdictions, withholding a portion of rent under specific conditions), the fundamental promise to pay rent remains due, independent of the landlord's performance of certain maintenance duties.

• Business Loan Repayment

  Consider a small business owner who takes out a loan from a bank. The business owner's promise to repay the loan according to the agreed schedule is an independent promise. Even if the bank later fails to provide certain promised advisory services or marketing support that were part of a separate, non-essential agreement, the business owner is still legally bound to make the loan repayments. The obligation to repay the principal and interest stands on its own, separate from the bank's performance of other, less central commitments.

• Software Subscription Service

  A user subscribes to a cloud-based software service, agreeing to pay a monthly fee. The user's promise to pay this recurring fee is an independent promise. Even if the user does not log in or utilize the software at all during a particular month, they are still obligated to pay the subscription fee. Their payment obligation is not contingent on their actual usage of the service; it's a standalone commitment for access to the service.