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Contracts • Third Parties
K#172
Legal Definition
The promisor is the person making the promise that benefits a third party (i.e., the person who gives his performance—payment—to the third party).
Plain English Explanation
A promisor is the person who makes a promise in a contract that benefits a third party. In other words, the promisor is the one agreeing to do something (like paying money or providing a service) that will benefit someone else who isn’t part of the contract.
For example, if Bob promises to pay Sam $500 to mow Amy’s lawn, Bob is the promisor, Sam is the one receiving the payment, and Amy is the third-party beneficiary.
The promisor (Bob) is responsible for fulfilling the promise, even though the benefit (mowing Amy's lawn) directly helps the third party (Amy).
For example, if Bob promises to pay Sam $500 to mow Amy’s lawn, Bob is the promisor, Sam is the one receiving the payment, and Amy is the third-party beneficiary.
The promisor (Bob) is responsible for fulfilling the promise, even though the benefit (mowing Amy's lawn) directly helps the third party (Amy).
Hypothetical
Hypo 1: Bob offers Sam $100 to paint Amy's house. Sam agrees. Result: Bob is obligated to pay Sam $100, and Sam is obligated to paint Amy's house. Here, Bob is the promisee and Sam is the promisor. They are both parties to the contract. Amy is a third-party beneficiary of the contract.
Visual Aids
Related Concepts
In a third-party beneficiary situation, who is the third-party beneificiary, who is the promisor, and who is the promisee?
What are the implied warranties of an assignor in an assignment for consideration?
What defenses may a promisor assert against a third-party beneficiary?
What duties are not delegable?
What is a delegatee?
What is a delegator, delegatee, and obligee?
What is an assignee?
What is an assignment?
What is an assignor?
What is an obligee?
What is an obligor?
What is a promisee?
What is the difference between an assignment and a delegation?
What is the difference between an incidental and intended beneficiary?
What is the effect of a clause prohibiting assignment?
What is the effect of a contract containing no language about assignment rights?
What is the effect of consideration on assignment rights?
What is the effect of invalidation language on assignment?
What two types of intended beneficiaries are there?
When are modification agreements between the obligor and assignor effective?
When can an assignee sue an obligor for payments to the assignor?
When do a third party's rights to enforce the contract vest?
When does delegation of duties occur?
Who can sue whom in a suit involving beneficiaries, promisees, and promisors?
Who can sue whom in a suit involving the assignment of rights?
Who can sue whom in a suit involving the delegation of duties?
Who prevails when the same rights have been assigned to multiple parties?
