Also known as: unconditional promises
Written by attorneys · grounded in primary & secondary sources — see below
A promise to pay a fixed amount of money that contains no conditions or qualifications on the duty to pay. The promise must stand on its own terms without reference to external events or performances that could defeat the obligation.
Uriah Urban signs a note stating he will pay $10,000 to bearer on demand. The note contains no language tying payment to any future event or third-party action. Because the commitment is unconditional, the instrument qualifies as negotiable under the governing statute.
Umar Underwood emails Pinnacle Dispatch acknowledging that legacy license fees remain due and stating he will not raise the statute of limitations. The acknowledgment stands alone without conditioning payment on future services. The unconditional nature of the statement revives the antecedent obligation.
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A post-discharge promise is unconditional when the debtor expressly commits to pay a fixed amount without tying the duty to any future performance by the creditor. The new promise creates an independent obligation enforceable on its own terms.
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A promise remains conditional or illusory when the promisor retains an unfettered choice between a real detriment and a noncommittal alternative. The presence of such an option prevents the commitment from qualifying as unconditional consideration.
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A concrete throughput promise such as processing a fixed number of pages without jams is treated as unconditional when it forms part of the basis of the bargain. Inconsistent boilerplate disclaimers yield to the extent they conflict with the specific assurance.
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Repudiation that materially contributes to the nonoccurrence of a condition excuses that condition. The promisor cannot later rely on the missing condition to avoid an otherwise unconditional obligation.
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