Legal Definitions - e mera gratia

The Latin term e mera gratia translates to "out of mere grace or favor." In a legal context, it refers to an action, concession, or benefit that is granted purely out of goodwill, discretion, or kindness, rather than being compelled by a legal obligation, a contractual requirement, or an established right.

Essentially, when something is done e mera gratia, it means it is a voluntary act of favor, not something that the grantor is legally bound to provide.

• Example 1: Government Tax Relief

  A local government, after a severe flood, decides to offer a temporary property tax reduction to all homeowners whose properties were significantly damaged, even though there is no specific law or ordinance requiring such a reduction. The government's action is taken e mera gratia.

  Explanation: The tax reduction is a discretionary act of kindness and support for the affected residents. The government is not legally obligated to provide this relief, but chooses to do so out of favor and goodwill to help its citizens recover.

• Example 2: Business Goodwill Gesture

  A car dealership, after a customer experiences an unexpected mechanical issue with a vehicle just outside its warranty period, offers to cover half the repair cost as a gesture of goodwill, despite having no contractual obligation to do so.

  Explanation: The dealership's offer to pay for part of the repair is e mera gratia. The warranty has expired, meaning they are not legally bound to contribute to the cost. They do so as a favor to maintain customer satisfaction and reputation.

• Example 3: Employer Severance Package

  An employer terminates an employee without cause and, although the employment contract only requires two weeks' notice, decides to offer a severance package equivalent to three months' salary and continued health benefits for that period.

  Explanation: The additional severance pay and extended benefits beyond the contractual obligation are provided e mera gratia. The employer is not legally required to offer these extra benefits but does so out of discretion, perhaps to facilitate a smoother transition for the employee or to maintain a positive company image.