In unilateral contracts, the promisor seeks acceptance by performance from the promisee. The promisee can also sue the promisor for failing to pay the third party beneficiary. Past consideration is consideration that has already flowed from the promisee to the promisor. The promisor had maximum protection and the promisee had maximum risk in this scenario. A "donee beneficiary" can sue the promisor directly to enforce the promise. This liability can never exceed the amount that the promisor owes under the contract. The person manifesting intent is the Promisor.