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.
22.
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.
23.
Lt . Gov .-elect David Dewhurst, another anti-tax promisor, made a similar admission, although he spoke in vaguer terms of seeking additional " non-tax revenue ."
24.
If the promisor is owed more than the value of the contract, the beneficiary's recovery will be reduced to nothing ( but the third party can never be made to assume an actual debt ).
25.
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.
26.
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.
27.
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.
28.
If a third party chooses to enforce the terms of a contract, he can do so against the promisor and has the right to any remedy that would be available if he was party to the contract, such as specific performance.
29.
Because the creditor beneficiary is receiving the performance of the promisor in order to fulfill the promisee's debt, the failure of the promisor to perform means that the beneficiary can still sue the promisee to recover the " preexisting debt ".
30.
Because the creditor beneficiary is receiving the performance of the promisor in order to fulfill the promisee's debt, the failure of the promisor to perform means that the beneficiary can still sue the promisee to recover the " preexisting debt ".
