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It is always unenforceable; however, estoppel can be used as a "shield" to make it enforceable.

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17y ago

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Related Questions

Is a promise enforceable despite the lack of consideration?

No


What does a gratuitous promise lack in comparison with a contract?

It can be revoked at any time without legal penalty, as there was no exchange of consideration.


Is a contract a legally enforceable promise or set of promises?

yes any contract is leagaly binding


Does the promise to do favor create a binding contract?

Depends. If the favor is to give money to charity, common law said yes, and that's one of the few such enforceable promises to make a gift. Otherwise, generally no but facts can vary and if there's any kind of consideration for the promise, it might be enforceable.


What rhymes with gratuitous?

There are no perfect rhymes for the word gratuitous.


When must a contract be in writing to be legally enforceable?

A contract must be in writing to be legally enforceable when it involves the sale of real estate, a promise to pay someone else's debt, or an agreement that cannot be completed within one year.


A sentence with the word gratuitous?

Gratuitous means unwarranted. It can also man done free of charge. Dinner was gratuitous with your room rental. Gratuitous advice is not always welcome.


What is sn illusory promise?

An illusory promise is a statement that appears to be a promise but lacks a commitment to do or not do something. It is not legally enforceable because it does not bind the person making it to any specific action. In contract law, illusory promises typically do not create valid contracts.


Is justifiable reliance an element of fraud?

Not really, justifiable or reasonable reliance on the promise of another can prevent the promisor from offering the defense that there was no consideration for their promise. An enforceable contract requires an offer, an acceptance, and a consideration (or a bargained for exchange). Under the doctrine of Promissory Estoppel, a promise can be held enforceable as a quasi-contract when it would be reasonably foreseeable to the promisor that the promisee would detrimentally rely on their promise. In that case the promisor would be liable to the promisee for reliance damages and possibly even expectancy damages.


Use gratuitous in a sentence?

The jury found the man's crime to be gratuitous.


When did Gratuitous Space Battles happen?

Gratuitous Space Battles happened in 2009.


Is donation a contract?

No, a donation is, by definition, a gift. There is also the possibility of a "pledge", which is a promise of a future donation. Some pledges may be enforceable if they are obtained in exchange for a benefit. For example, "pledge tonight and get a copy of the video", would be an offer to enter into an enforceable contract.