The promisor and promisee may devise a contract in which the position of the beneficiary is significantly different from that of the promisee. |
The promisee can see only his right ab intra, the duty of the promisor and the judicial process he has to see ab extra. |
It also follows that the promisor and promisee enjoy broad powers to shape the rights created in favour of the beneficiary. |
Article 5 of the U. K. Act seeks to protect the promisor from double liability. |
Enforcement reliance is reliance accompanied by a manifested intention by the promisor to be legally bound, or what Barnett has previously called consent. |
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. |