What is a gratuitous promise?

A gratuitous promise is defined as a promise made without consideration, which means there is no exchange of value or benefit involved. This type of promise is generally not legally enforceable, as the lack of consideration means that the promise cannot be supported by a legal remedy. In other words, if someone makes a promise to give something voluntarily without expecting anything in return, they cannot be compelled by law to follow through with that promise if they change their mind.

This fundamental understanding of gratuitous promises aligns with the principles of contract law, where consideration is a crucial component for a contract to be considered binding and enforceable. Without it, the promise remains a moral obligation rather than a legal one, leaving the promisee with little recourse should the promisor fail to fulfill their commitment.

While the other options touch on aspects of promises and contracts, they do not accurately define a gratuitous promise. A legally enforceable promise requires consideration, and a written contract pertains to formal agreements rather than the nature of a gratuitous promise. Moreover, the notion of fulfilling a promise in court relates to enforceability, which gratuitous promises inherently lack due to the absence of consideration.