Promise

A Promise is an obligation unique to Scottish law. It is similar to, but by no means identical to, a gratuitous Contract. It requires only one persons, the promisor's intention.

Promises and Contract
A promise requires no action from the beneficiary of the promise to accept, and may be created without their immediate consent or knowledge.

This differs to a Gratuitous Contract, which is also unique to Scottish law. A Gratuitous contract would still require both parties to agree as it is a contract.

As a Promise doesn't require acceptance, it is binding and irrevocable until performed or rejected.

Determining whether an obligation is a contract or promise can be difficult. Morton's Trustees v The Aged Christian Friend Society of Scotland saw a man promise to pay £100 a month if certain promises about the groups constitution were met - this was held to be a contract rather than a promise as the written record of the obligation had spoken of offers. In contrast in Miller v Tremamondo a father in law to be had made certain financial promises to his future son in law before he entered into a marriage for his daughter, this was examined as a promise.

The English case Calill v Carbolic Smoke Ball in Scottish law can be viewed as an open offer (as there is are conditions to fill, with the promise to pay out if filled), or as a promise to pay.

Position in law
Over time, the law has tended to err towards contract, rather than promise, in examining ambitious obligations (Wotton).

Whilst a possible obligation that can be litigated for, the law in general presumes against someone making a donation unless

Form
Promises originally required no specific form, as long as there is clear intention to be bound by the promise.

However, the Requirements of Writing (Scotland) Act 1995 requires all gratuitous agreements, such as promises and gratuitous contracts, to be in writing, except where in the course of business.