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Nudum Pactum

Latin: an empty pact; a contract for which there is no consideration.

Purported agreements which are without consideration, such as unilateral undertakings which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration.

A contract law term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration.

In ancient times, when the common law was often premised on a set of Latin maxims, students learned the expression nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio et parit actionem: a naked contract is where there is no consideration to support the agreement; but where there is a consideration, an obligaton exists, and produces an action; now, mercifully shortened to the doctrine of nudum pactum.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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