Can Gratuitous Promise Be Enforceable?
A Promise That Is Made Without Consideration and Is Usually Unenforceable Called Also Naked Promise Compare Nudum Pactum Pactum the Contract with America Was...
: a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum
Why are gratuitous promises not enforceable by law?
In the past, the courts have ruled that “the major reason given for the rule against enforcing gratuitous one side promises has been that significant process problems would result if simple donative promises were enforceable–for example, it would be very easy falsely to convince a jury that such a promise had been made ...
Can a promise be enforceable?
Thus, a promise may be enforceable to the extent that the promisee has incurred substantial costs, or conferred benefits, in reasonable reliance on the promise. Promissory estoppel under Section 90 of the Restatement of Contracts is the primary enforcement mechanism when action in reliance follows the promise.
Alexander Ross has covered the video game industry for a decade, writing deep dives on game design, esports tournaments, VR developments, and gaming culture.
