Gratuitous Promise

In one sentence

A promise to give something or do something without receiving anything of value in return.

Plain English

A gratuitous promise is a one-sided promise where you agree to give or do something for free, with no expectation of getting anything back. For example, if you promise to lend your friend money without charging interest, that's gratuitous. The problem is that gratuitous promises are usually not enforceable as contracts because there's no consideration—no exchange of value. If you break a gratuitous promise, the other person generally cannot sue you.

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Example

Your uncle promises to give you $5,000 as a wedding gift. Later, he changes his mind and refuses to give it. You cannot sue him to enforce the promise because it was gratuitous—he received nothing in exchange for his promise.

Used in a sentence

“The gratuitous promise to donate land to the charity was not enforceable because the charity provided no consideration in return.”

Related terms

Legal Value

Something of worth in the eyes of the law that can support a binding contract.

Mutual Assent

Both parties agree to the same contract terms at the same time.

Capacity

The legal and mental ability to enter into a binding contract.

Performance

The act of doing what a contract requires, such as delivering goods or paying money.

Unilateral Offer

An offer that invites acceptance by performance of an act, rather than by a return promise.

Good Faith and Fair Dealing

A legal duty to act honestly and fairly when making and performing contracts.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.