Nudum Pactum

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. Toullier 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, Parl. 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.

In Roman Law. Informal agreements not coining within any of ihc privileged classes. They could not be sued on. The term was sometimes used with a special and rather different meaning to express the rule that a contract without delivery will not pass property. Pollock, Contracts 743. See Consideration; Salmond, Jurisprudence 610. It is now commonly used to express a contract made without a consideration.

Lat. A _ naked pact; a bare agreement; a promise or undertaking made without any consideration fer it, Nudum pactum est ubi nulla subeat causa preter conventionem; sed ubi subest causa, fit obligatio, et parit ac. tionem. A naked contract is where there ‘49 no consideration except the agreement; vut, Where there ig a consideration, it becomes an obligation and gives a right of ac. tion. Plowd. 309; Broom, Max. 745, 750. Wudum pucitum ex quo non oritur actio. Nudwm pactum is that upon which no action arises. Cod, 2, 3, 10; Id. 5,14, 1; Broom, Max. 676.

contracts, is a contract made without a consideration; it is called a nude or naked contract, because it is not clothed with the consideration required by law, in order td give an action. There are some contracts which in consequence of their forms import a consideration, as sealed instruments, and bills of exchange, and promisso+ ry notes, which are gencrally good although no consideration appears. A nudum pactum may be avoided, and is not binding. Whether the agreement be verbal or in writing, it is still a nude pact. This has been decided in England, 7 TF. R. 350, note; 7 Bro. P. C. 550; and in this country, 4 John. R. 235; 5 Mass. R. 301, 302; 2 Day’s R. 22. This term is borrowed from the civil law, 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. Com. 364. Toulher defines nudum pactum to be an agreement not executed by one the parties, tom: 6, n. 13, page 10. Vide 16 Vin. Ab. 16; 1 Supp. to Ves. Jr. 514; 2 Kent, Com. 364; 1 Chit. Pr. 113; and art. Consideration.