What constitutes a promise in legal terms?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

A promise in legal terms is fundamentally understood as a duty to perform that arises from a contract. When two parties enter into a contract, they create enforceable obligations. These obligations include the promises made, which can be explicit or implied, representing the expectation that one party will perform a certain action or refrain from doing something. The legal basis for a promise is grounded in the idea that a contract is formed when there is an offer, acceptance, and consideration, which binds the parties to their commitments.

While verbal agreements can constitute a promise, they may not always be legally enforceable unless specific criteria are met. A binding contract goes beyond just the concept of a promise; it includes various elements that create enforceable obligations. Written notifications may indicate promises or agreements but do not alone provide the legal foundation that a duty to perform does. Thus, in the context of legal interpretation, a promise is best defined as a duty to perform based on a contract.

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