Also known as: gratuitously · without consideration
Written by attorneys · grounded in primary & secondary sources — see below
An act, undertaking, promise, or transfer performed or made without consideration or compensation. The absence of any bargained-for exchange distinguishes it from ordinary contractual or commercial dealings and often triggers specialized rules governing enforceability, liability, or validity.
Gustavo Gutierrez noticed his neighbor's car disabled on the roadside and began pushing it toward safety without any request for payment. When the car rolled into traffic and caused injury because Gustavo failed to check for oncoming vehicles, the neighbor sued. The court applied the rule for one who undertakes services gratuitously that are necessary for another's protection.
Greta Goldstein signed over title to a valuable painting to her niece with a signed deed stating the transfer was a gift. No money or other benefit changed hands. The niece accepted the painting and took possession, completing the transfer under the rule requiring only donative intent and delivery without consideration.
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Giselle Guerrero and her spouse executed a single document reallocating ownership of their vacation home. Both signed the document during a weekend trip. Because the agreement was signed by both spouses, it became enforceable even though neither provided any consideration in exchange.
Guadalupe Gallegos and her fiancé signed a written premarital agreement allocating future earnings from her business to her alone. The document contained no exchange of value between them. The agreement took effect upon marriage because it was in a signed record, satisfying the rule that such agreements are enforceable without consideration.
Glenn Gross signed a written waiver relinquishing his right to elect against his spouse's will in exchange for nothing of value. The waiver was executed before the marriage. Because the document was signed by the surviving spouse, it remained enforceable without consideration under the governing probate rule.
Genevieve Gardner received a deed granting an easement across her neighbor's land to reach a public road. The deed recited no payment. When interpreting the scope of the easement, the court treated the fact that the conveyance was gratuitous as one relevant factor among others listed in the rule for construing easements created by conveyance.
A purely gratuitous promise—one given without any bargained-for exchange—is generally not enforceable under consideration doctrine. Courts refuse enforcement because the promise lacks the reciprocal detriment or benefit that consideration requires. Once performance has occurred, however, the absence of consideration does not allow recovery of the benefit already conferred.
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A gratuitous agent must exercise the care and skill that persons who are not agents would use when performing similar unpaid tasks for others. This standard is lower than the standard imposed on a paid agent and reflects the informal, uncompensated nature of the undertaking.
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One who undertakes services gratuitously that are necessary for the protection of another's person or property becomes subject to liability for physical harm caused by failure to exercise reasonable care if the failure increases the risk of harm or the other party relies on the undertaking.
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Yes. A marital property agreement signed by both spouses is enforceable without consideration under the Uniform Marital Property Act and similar statutes. The same rule applies to premarital agreements and certain spousal waivers of elective rights.
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…But the purpose of a restriction does not cease to be public, because incidentally some private persons may thereby receive gratuitously valuable special benefits. Thus, owners of low buildings may obtain, through statutory restrictions upon the height of neighboring structures, benefits equivalent to an easement of light…