Independent Promises Law and Legal Definition

Independent promises refers to the mutual promises of the parties to a contract so plainly independent of each other that the one can never by fair construction be a condition of the performance of the other.

Courts will not and ought not to construe covenants and agreements as independent, and still enforce performance by the other party, unless there is no other mode of construing the instrument, and unless it clearly appears to have been the deliberate intention of the parties at the time the instrument was executed. In brief, the courts will construe covenants to be dependent, unless a contrary intention clearly appears. [Palmer v. Fox, 274 Mich. 252 (Mich. 1936)].