Article 5 of the U. K. Act seeks to protect the promisor from double liability. |
One of the earliest references to what a promisor was to have for his undertaking was in the action of assumpsit. |
The promisor and promisee may devise a contract in which the position of the beneficiary is significantly different from that of the promisee. |
The question is whether the promisor's defences, set-offs and counterclaims should be available to the promisor in an action by a third party. |
The promisee is himself entitled to demand performance from the promisor of the undertaking made for the benefit of a third party. |
Enforcement reliance is reliance accompanied by a manifested intention by the promisor to be legally bound, or what Barnett has previously called consent. |