Legal Definitions - Promise

A promise, in a legal sense, is a clear declaration by one party of their intention to either perform a specific action or to refrain from a specific action in the future. It signifies a commitment to a particular course of conduct. The legal enforceability of a promise—meaning whether a court would compel someone to keep it—often depends on whether it forms part of a valid contract or creates other recognized legal obligations.

Here are some examples illustrating the concept of a promise:

• Example 1: Business Agreement

  A construction company owner tells a client, "I promise to complete the renovation of your office building by December 15th, provided all permits are approved by next month." This statement clearly expresses the owner's intent to perform a specific action (completing the renovation) by a certain date, contingent on a condition. If this promise is incorporated into a signed contract where the client also promises payment, it becomes a legally binding promise that the client could potentially enforce in court if the deadline is missed without justification.

• Example 2: Restrictive Covenant

  As part of a settlement agreement, a former business partner states, "I promise not to open a competing business within a 50-mile radius for the next three years." Here, the promise is an undertaking to *refrain* from a specific action (opening a competing business). If this promise is part of a legally valid agreement, it creates an obligation that the other party could seek to enforce if the former partner violates the terms.

• Example 3: Conditional Gift

  A parent tells their adult child, "I promise to contribute $10,000 towards the down payment on your first home if you save an equal amount yourself." This is a statement of intent to perform an action (contribute money) upon the fulfillment of a specific condition (the child saving an equal amount). While not always a formal contract, if the child relies on this promise, saves their portion, and then the parent withdraws the offer, there might be circumstances where a court could find a legal obligation based on the parent's promise, especially if the child incurred significant detriment in reliance.