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Gratuitous contract
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Gratuitous contractCivil law. One, the object of which is for the benefit of the person with whom it is made, without any profit, received or promised, as a consideration for it as, for example, a gift.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Benefit
This word is used in the same sense as gain and profits.
Person
This word is applied to men, women and children, who are called natural persons.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Example
An example is a case put to illustrate a. principle.
Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.
SIMILAR TERMS--------------------------------------
Gratification
A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication.
Gratis
Without reward or consideration.
Gratis dictum
Assaying not required; a statement voluntarily made without necessity.
PREVIOUS AND NEXT TERMS--------------------------------------
Grantor
He by whom a grant is made.
Grasshearth
Old English law. The name of an ancient customary service of tenants doing one day's work for their landlord.
Gratification
A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication.
Gratis
Without reward or consideration.
Gratis dictum
Assaying not required; a statement voluntarily made without necessity.
Gratuitous contract
Gravamen
The grievance complained of; the substantial cause, of the action.
Grave
A place where a dead body is interred. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law.
Graveson, ronald harry
(1911-1991) English commentator on the conflicts of laws.
Great cattle
By this, term, in the English law, is, meant all manner of beasts except sheep and yearlings.
Great charter
The name of the charter granted by the English King John, securing to the English people their principal liberties; magna charta.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Benefit
This word is used in the same sense as gain and profits.
Person
This word is applied to men, women and children, who are called natural persons.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.
Example
An example is a case put to illustrate a. principle.
Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.
SIMILAR TERMS--------------------------------------
Gratification
A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication.
Gratis
Without reward or consideration.
Gratis dictum
Assaying not required; a statement voluntarily made without necessity.
PREVIOUS AND NEXT TERMS--------------------------------------
Grantor
He by whom a grant is made.
Grasshearth
Old English law. The name of an ancient customary service of tenants doing one day's work for their landlord.
Gratification
A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication.
Gratis
Without reward or consideration.
Gratis dictum
Assaying not required; a statement voluntarily made without necessity.
Gratuitous contract
Gravamen
The grievance complained of; the substantial cause, of the action.
Grave
A place where a dead body is interred. The violation of the grave, by taking up the dead body, or stealing the coffin or grave clothes, is a misdemeanor at common law.
Graveson, ronald harry
(1911-1991) English commentator on the conflicts of laws.
Great cattle
By this, term, in the English law, is, meant all manner of beasts except sheep and yearlings.
Great charter
The name of the charter granted by the English King John, securing to the English people their principal liberties; magna charta.
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This dictionary contains 8526 terms.
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