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Promise Agreement Example

A treaty in its most basic definition is nothing more than a legally enforceable promise. Now think about why people make promises. Why not do the plot? Why talk about it first? [8] The essential elements of the treaties, which are in fact implicit, are mutual agreement and the intention to promise, but the agreement and promise were not made in words and are implicit in the facts. Power-Matics, Inc. Ligotti, 191 A.2d 483 (N.J. Super. 1963); St. Paul Fire – Mr. Ins. Co. v.

Indemnity Ins. Co. of No. America, 158 A.2d 825 (N.J. 1960); St. John`s First Lutheran Church v. Storsteen, 84 N.W.2d 725 (S.D. 1957). [2] An agreement is the expression of the mutual consent of two or more persons. A good deal is an agreement to exchange promises or exchange a promise for a performance or to exchange performances. [5] W.

O. Lucy, a lumberjack and farmer, testified in the substance: he has known Zehmer for fifteen or twenty years and has known the Ferguson farm for ten years. Seven or eight years ago, he offered Zehmer $20,000 for the court Zehmer had accepted, but the agreement was verbal and Zehmer withdrew. On the night of December 20, 1952, at approximately eight o`clock, he took an employee to McKenney, where Zehmer ran a restaurant, gas station and gas station. It was there that he decided to see Zehmer and try again to buy the Ferguson farm. He entered the restaurant and spoke to Mrs. Zehmer until Zehmer entered. He asked Zehmer if he had sold the Ferguson farm. Zehmer replied that he had not said so. Lucy said, “I bet you wouldn`t take $50, 000 for this place.” Zehmer replied, “Yes, I would too; They wouldn`t give fifty.¬†Lucy said he would and told Zehmer to write an agreement on it. Zehmer took a check-up and wrote on the back: “I agree to sell the Ferguson farm to W.

O. Lucy for $50,000.” Lucy told him that he had better change it into “us” because Mrs. Zehmer should sign it. Zehmer then tore what he had written, wrote the arrangement above and asked Ms. Zehmer, who was at the other end of the counter ten or twelve yards away from signing it. Ms. Zehmer said she had $50,000 and signed it. Zehmer brought it back and gave it to Lucy, who offered him $5, which Zehmer refused, and said, “You don`t need to give me money, you signed the deal there by the two of us.” [31] A person cannot therefore say that he was joking only if his behaviour and words justified a reasonable person, if he believed that he intended a genuine agreement, 17 C.J.S., treaty, 47, p. 390; Clark on Contracts, 4.

Mr. Aufst. Sometimes an alleged promise is just a joke. In the famous case of Leonard v. Pepsico, 88 F. Supp. 116 (S.D.N.Y. 1997), the court considered Leonard`s assertion that a “Pepsi Stuff” commercial was a promise to keep 7,000,000 Pepsi points for a Harrier jet. Leonard filed an order form, fifteen Pepsi Points and a cheque for $700,008.50 to purchase the remaining points. Although the order form offered additional points of 10 cents each, it did not list the jet as available premium. Leonard wrote in “1 Harrier Jet” in the “Item” column and “7,000,000” in the “Total Points” column. Pepsico returned Leonard`s seizure and explained that the company had taken the photos of the Jet Harrier for its comic effect.

Similarly, the court rejected the complainant`s assertion and stated: [22] The evidence is as persuasive as Zehmer wrote two agreements, the first began: “I agree to sell.” Zehmer first said he didn`t remember, then, “I don`t think I wrote that one.” Ms. Zehmer said that what he wrote, “I agree here,” but that the “me” was changed after that night into “us.”