Ex nudo pacto non oritur actio
| Literal meaning | No action arises from a bare promise |
|---|---|
| Pronunciation | ex NOO-doh PAK-toh non OR-ih-tur AK-tee-oh |
A promise made without any consideration cannot be enforced in court. The law enforces a promise only when something is given in return.
Example
A friend promises to give a gift next month and then changes his mind. The friend can't be sued on the bare promise.
Case laws
- Rann v. Hughes (1778), England: the court stated that a promise without consideration is a bare promise and cannot be enforced.
Statutory link
- Section 25 of the Indian Contract Act, 1872: an agreement without consideration is void.
- Exceptions in Section 25: natural love and affection (written and registered), compensation for past voluntary service, and a promise to pay a time-barred debt.
Exam tip
Asked with Section 25 and its three exceptions.
Memory trick
Naked promise, no suit.
Key takeaway
A promise with no consideration is generally not enforceable.
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