Nudum pactum
| Literal meaning | A bare promise |
|---|---|
| Pronunciation | NOO-dum PAK-tum |
A promise without consideration, which the law does not enforce.
Example
A promises to give B a gift and B gives nothing in return. B cannot enforce the promise.
Case laws
- Dunlop Pneumatic Tyre Co. v. Selfridge & Co. (1915), House of Lords: consideration must move from the party who sues. Without it, the promise was a nudum pactum as far as he was concerned.
Statutory link
Section 25 of the Indian Contract Act, 1872: an agreement without consideration is void, except in the cases listed.
Exam tip
Asked with consideration.
Memory trick
Naked promise.
Key takeaway
A bare promise without consideration is not enforceable.
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