from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
GRATIS. Without reward or consideration.
2. When a bailee undertakes to perform some act or work gratis, he is
answerable for his gross negligence, if any loss should be sustained in
consequence of it; but a distinction exists between non-feasance and
misfeasance; between a total omission to do an act which one gratuitously
promises to do, and a culpable negligence in the execution of it; in the
latter case he is responsible, while in the former he would not, in general,
be bound to perform his contract. 4 Johns. R. 84; 5 T. 143; 2 Ld. Raym. 913.