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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 defenses may a promisor assert against a third-party beneficiary?
What is a promisee?
What is the difference between an incidental and intended beneficiary?
What two types of intended beneficiaries are there?
When do a third party's rights to enforce the contract vest?
Who can sue whom in a suit involving beneficiaries, promisees, and promisors?
Who can sue whom in a suit involving the delegation of duties?
