A promissory term is a statement that a reasonable bystander, aware of the circumstances of the case, might regard as being so important to the parties that it should become an implied term of the contract. The tests that decide if a statement is a promissory term include: Was the representation included in a written document? When in the negotiation was the representation made? How important was the representation to the whole deal? If the statement was included in the negotiation record of discussion between the parties, then this may be evidence that the parties regarded the statement as so important that it should be considered a term of the contract.