What is gratuitous in contract law?
noun Law. a contract for the benefit of only one of the parties, the other party receiving nothing as consideration.
Does the law enforce gratuitous promises?
Promissory estoppel under Section 90 of the Restatement of Contracts is the primary enforcement mechanism when action in reliance follows the promise. Despite this expansion of liability, “gratuitous” promises of gifts or unilateral pledges to confer benefits remain legally unenforceable.
What is the difference between valid consideration and a gratuitous promise?
As my Contracts professor used to explain to our first year law school class, the difference between a binding contract and a gratuitous promise is the existence, or lack of, consideration. The difference is that the professor would not be receiving anything in exchange for payment.
When can a gratuitous promise becomes enforceable?
Free Legal Advice – The word ‘gratuitous’ means ‘free of cost’ or ‘without expecting any return’. It can, therefore, be inferred that a gratuitous promise will not result in an agreement in the absence of consideration. For instance, a promise to subscribe to a charitable cause cannot be enforced.
What is non gratuitous act?
Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered. Illustrations.
What are gratuitous promises?
[f]reely bestowed or obtained; granted without claim or merit; provided without payment or return; costing nothing to the recipient; free. As a gratuitous promise has no consideration, it will in most cases not result in any obligations on the party making the promise.
What makes a promise gratuitous?
: a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel.
What is an example of gratuitous promise?
For example, a used-car salesman may promise to throw in an AM-FM radio in order to get a customer who has just purchased a car but then had buyer’s remorse. As the salesman does not get anything for the radio, it is a gratuitous promise which need not be delivered.
How do you use gratuitous in a sentence?
unnecessary and unwarranted.
- There’s too much crime and gratuitous violence on TV.
- It seems that the attack was a gratuitous/random/mindless act of violence.
- His films are full of gratuitous violence.
- Letters poured in complaining about the gratuitous violence on the show.
What does gratuitous?
1 : not called for by the circumstances : not necessary, appropriate, or justified : unwarranted a gratuitous insult a gratuitous assumption a movie criticized for gratuitous violence.
What is Nudum Pactum in law?
Legal Definition of nudum pactum : an agreement or promise that is made without consideration and hence unenforceable a mere nudum pactum — compare gratuitous promise at promise.
What does gratuitous mean in law?
Douglas Wilhelm Harder When a party makes a promise to another, either within or outside the context of a contract, where that promise places an obligation on the party but where that party does not receive anything in return (no consideration), then the promise is said to be gratuitous.
When does a promise become gratuitous?
When a party makes a promise to another, either within or outside the context of a contract, where that promise places an obligation on the party but where that party does not receive anything in return (no consideration), then the promise is said to be gratuitous. From the Oxford English Dictionary (www.oed.com), that which is gratuitous is
What is gratuitum?
Bestowed or granted without consideration or exchange for something of value. The term gratuitous is applied to deeds, bailments, and other contractual agreements. A gratuity is something given by someone who has no obligation to give and can be used in reference to a bribe or tip. West’s Encyclopedia of American Law, edition 2.