Nudum Pactum in United States

Nudum Pactum Definition

A contract made without consideration. See “Consideration.” It is a mere agreement, without the requisites necessary to confer upon it a legal obligation to perform. In the Roman Law, an agreement not made by specialty so as to support an action of covenant, or falling within one of certain classes so as to support an action of debt. Early English law gave it the same meaning. Pollock, Princ. Cont. 695. 3 McLean (U. S.) 330; 2 Denio (N. Y.) 403; 6 Ired. (N. C.) 480; 1 Strobh. (S. C.) 329; 1 Ga. 294; 1 Doug. (Mich.) 188. The term, and the rule which decides upon the nullity of its effects, are borrowed from the civil law; yet the common law has not in any degree been influenced by the notions of the civil law in defining what constitutes a nudum pactum. Dig. 19. 5. 5. See, on this subject, a learned note in Fonbl. Eq. 335, and 2 Kent, Comm. 364. TouUier defines nudum, pactum to be an agreement not executed by one of the parties. Toullier. Dr. Civ. tom. 6, note 13, page 10. It is of no consequence whether the agreement be oral or written (7 Term R. 350; 7 Brown, Pari. Cas. 550; 4 Johns. [N. Y.] 235; 5 Mass. 301, 392; 2 Day [Conn.] 22) ; but a contract under seal cannot be held a nudum pactum for lack of consideration, since the seal imports consideration (2 Barn. & Aid. 551). See “Consideration;” 2 Bl. Comm. 445; 16 Viner, Abr. 16. subest causa propter conventionem; sed ubi subest causa, fit obligatio, e’t parit actionem. Nudum pactum is where there is no consideration for the undertaking or ag:reement; but when there is a consideration, an obligation is created, and an action arises. Dig. 2. 14. 7. 4; 2 Bl. Comm. 445; Broom, Leg. Max. (3d London Ed.) 669; Plowd. 309; 1 Powell, Cont. 330 et seq.; 3 Burrows, 1670 et seq. ; Viner, Abr. “Nudum Pactum” (A) ; 1 Fonbl, Bq. (5th Ed.) 335a.

Nudum Pactum in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Nudum Pactum

Scan Nudum Pactum in the appropriate area of law:

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

A contract made without consideration. See “Consideration.” It is a mere agreement, without the requisites necessary to confer upon it a legal obligation to perform. In the Roman Law, an agreement not made by specialty so as to support an action of covenant, or falling within one of certain classes so as to support an action of debt. Early English law gave it the same meaning. Pollock, Princ. Cont. 695. 3 McLean (U. S.) 330; 2 Denio (N. Y.) 403; 6 Ired. (N. C.) 480; 1 Strobh. (S. C.) 329; 1 Ga. 294; 1 Doug. (Mich.) 188. The term, and the rule which decides upon the nullity of its effects, are borrowed from the civil law; yet the common law has not in any degree been influenced by the notions of the civil law in defining what constitutes a nudum pactum. Dig. 19. 5. 5. See, on this subject, a learned note in Fonbl. Eq. 335, and 2 Kent, Comm. 364. TouUier defines nudum, pactum to be an agreement not executed by one of the parties. Toullier. Dr. Civ. tom. 6, note 13, page 10. It is of no consequence whether the agreement be oral or written (7 Term R. 350; 7 Brown, Pari. Cas. 550; 4 Johns. [N. Y.] 235; 5 Mass. 301, 392; 2 Day [Conn.] 22) ; but a contract under seal cannot be held a nudum pactum for lack of consideration, since the seal imports consideration (2 Barn. & Aid. 551). See “Consideration;” 2 Bl. Comm. 445; 16 Viner, Abr. 16. subest causa propter conventionem; sed ubi subest causa, fit obligatio, e’t parit actionem. Nudum pactum is where there is no consideration for the undertaking or ag:reement; but when there is a consideration, an obligation is created, and an action arises. Dig. 2. 14. 7. 4; 2 Bl. Comm. 445; Broom, Leg. Max. (3d London Ed.) 669; Plowd. 309; 1 Powell, Cont. 330 et seq.; 3 Burrows, 1670 et seq. ; Viner, Abr. “Nudum Pactum” (A) ; 1 Fonbl, Bq. (5th Ed.) 335a.

This definition of Nudum Pactum is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.