ABSTRACT

As in the case of the Currie v Misa definition, the Pollock definition and that given in the United States Restatement, both emphasise the element of reciprocity or bargain, but this is by no means universally accepted. Not all promises are necessarily bargained for. For example, it will be seen below that a promise may be enforced because it has been relied upon by the person to whom it was addressed. Moreover, a promise may be made with a view to obtaining some benefit or avoiding some disbenefit.