A person who makes a promise.
- It is not difficult to envisage that the promisee may incur a factual detriment and the promisor a factual benefit meaning that enforcement of the bargain would sensibly acknowledge commercial reality.
- This it does either by specifically compelling the promisor to perform or by awarding the promisee damages to put him in as good a position as if the promise had been kept.
- In our submission, anything short of that is not a satisfactory discharge of the obligations of the promisor to give a right of first refusal.
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