Because the promisor can assert any defenses that could be asserted against the promisee, the beneficiary also becomes liable for counterclaims on the contract that the promisor could establish against the promisee.
32.
Salem, after several years of declining sales, has just begun to shown promisee of the menthol market through Newport, " said Martin Feldman, a tobacco analyst at Merrill Lynch Global Securities.
33.
In other words, if the promisor is owed money by the promisee, any award to the third party for the promisor's failure to perform can be reduced by the amount thus owed.
34.
Under the notion of " pre-existing duties ", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.
35.
If the promisee brings an action first then the third party is prohibited from doing so, unless the promisee's action fails, in which case the third party is free to pursue his own claim.
36.
If the promisee brings an action first then the third party is prohibited from doing so, unless the promisee's action fails, in which case the third party is free to pursue his own claim.
37.
For example, it is good consideration for person A to pay person C in return for services rendered by person B . If there are joint promisees, then consideration need only to move from one of the promisees.
38.
For example, it is good consideration for person A to pay person C in return for services rendered by person B . If there are joint promisees, then consideration need only to move from one of the promisees.
39.
Although the topic is not discussed in the Law Commission's report or the bill itself, it is generally considered that the third party has no rights against the promisee, regardless of his rights against the promisor.
40.
The promisor impliedly promises " not " to revoke the offer and the promisee impliedly promises to furnish complete performance, but as the name suggests, the promisee still retains the " option " of not completing performance.
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