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A Collateral Promise Is One Made by a Third Party

question 56

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A collateral promise is one made by a third party to assume the debts or obligation of a primary party to a contract if the primary party does not perform.

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Definitions:

Gratuitous Agent

An agent who acts on behalf of another person (the principal) without expecting or receiving any form of compensation.

Consideration

Something of value exchanged between parties in a contract, making the agreement legally binding.

Agency Relationship

A legal relationship in which one party, the agent, acts on behalf of another, the principal, in dealings with third parties.

Tort Liability

Legal responsibility for damages caused by a civil wrong or injury other than breach of contract.

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