Define: Gratuitous

In a legal context, “gratuitous” refers to something that is given or done without any legal obligation or expectation of payment or compensation.

In general, a gratuitous promise is not legally binding unless it meets the requirements of a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.

Yes, gratuitous transfers of property, such as gifts or inheritances, may be subject to taxation depending on the applicable tax laws in your jurisdiction.

While a gratuitous act itself may not create legal liability, if it is performed negligently or recklessly and causes harm to someone, the person performing the act may be held legally responsible for the damages.

In most cases, a gratuitous promise can be revoked at any time before it is accepted by the other party. However, if the promise has been relied upon and the other party has suffered detriment as a result, revocation may not be possible.

A gratuitous contract, which lacks consideration, is generally not enforceable in court. However, certain exceptions exist, such as contracts under seal or contracts made for natural love and affection.

No, a gratuitous act is not considered bribery as long as it is not done with the intention to influence or corrupt the recipient’s behavior or decision-making process.

Yes, a gratuitous promise can be enforced even if it is made orally, as long as there is sufficient evidence to prove the existence of the promise and the intention to be legally bound.

No, a gratuitous act cannot be considered as valid consideration in a contract because consideration must involve a bargained-for exchange of something of value.

In some cases, a gratuitous act can be used as a defence, such as when it demonstrates that the plaintiff voluntarily assumed a known risk or waived their right to sue by accepting the act without any legal obligation. However, the specific circumstances and applicable laws will determine the effectiveness of this defence.