It also follows that the promisor and promisee enjoy broad powers to shape the rights created in favour of the beneficiary. |
One of the earliest references to what a promisor was to have for his undertaking was in the action of assumpsit. |
Unless the promisor can prove that a breach of contract has been caused in a way entirely outside his sphere of risk, he is liable for damages. |
The promisee can see only his right ab intra, the duty of the promisor and the judicial process he has to see ab extra. |
Article 5 of the U. K. Act seeks to protect the promisor from double liability. |
In addition, the promisor, although unable to take reciprocal action against the third party, can take action against the promisee. |