Contracts & ExecutionQuestion 799 of 1605
A promise to make a gift, with nothing given in return, is generally:
a.A fully enforceable contract
b.Unenforceable as a contract because it lacks consideration
c.Enforceable if put in writing
d.Enforceable only if witnessed
Explanation
A gratuitous promise, one made with nothing bargained for in return, generally lacks consideration and is therefore not an enforceable contract. Putting a bare gift promise in writing or having it witnessed does not supply consideration. Enforceability would require a bargained-for exchange or, in limited cases, detrimental reliance under promissory estoppel.
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