This it does either by specifically compelling the promisor to perform or by awarding the promisee damages to put him in as good a position as if the promise had been kept. |
One of the earliest references to what a promisor was to have for his undertaking was in the action of assumpsit. |
The promisee is himself entitled to demand performance from the promisor of the undertaking made for the benefit of a third party. |
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. |