A bare promise refers to a situation where someone commits to doing something without receiving any compensation in return. It is akin to making a promise without any cost attached to it. Typically, these promises lack legal enforceability, implying that if the person fails to fulfil their promise, there are no legal remedies available. It is crucial to exercise caution while making promises and ensure that both parties mutually agree on the terms of exchange.
A bare promise is a promise made without any exchange or support of consideration. Typically, a bare promise is not legally enforceable. For instance, if a friend promises to give you a birthday gift but fails to do so, this would be considered a bare promise. Since there was no exchange of anything valuable, the promise cannot be legally enforced. This example demonstrates the concept of a bare promise as there was no consideration given in return for the promise. In simpler terms, the friend did not receive anything in exchange for their promise, making it legally non-binding.
A bare promise refers to a verbal or written commitment made by one party to another without any consideration or enforceable legal obligation. It lacks the necessary elements to be legally binding.
No, bare promises are generally not legally enforceable. For a promise to be legally binding, it must be supported by consideration, which is something of value exchanged between the parties.
No, a bare promise cannot be considered a contract as it lacks the essential element of consideration. A contract requires mutual obligations and consideration from both parties to be legally valid.
Even if a bare promise is made in writing, it is still not enforceable unless it is supported by consideration. A written promise without consideration does not create a legally binding agreement.
If someone fails to fulfill a bare promise, the other party generally has no legal recourse. Since the promise lacks consideration, there is no legal obligation to fulfill it.
In some cases, a bare promise can be converted into a legally binding agreement if consideration is provided by one party after the promise is made. This additional consideration can transform the promise into a valid contract.
No, a bare promise and a gratuitous promise are essentially the same. Both refer to promises made without any consideration or legal obligation.
Yes, a bare promise can be revoked at any time before it is accepted or acted upon. Since it lacks consideration, the promisor can freely withdraw the promise without any legal consequences.
While a bare promise may be used as evidence in court to establish the intent of the parties, it does not hold any legal weight on its own. The court will consider other factors, such as the presence of consideration, to determine the enforceability of the promise.
There are limited exceptions where a bare promise can be enforced, such as when it is made under seal or if it falls within the scope of promissory estoppel. However, these exceptions are subject to specific legal requirements and may vary depending on the jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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