NUDUM PACTUM Meaning and
Definition
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"Nudum pactum" is a Latin legal term that translates to "bare agreement" in English. It refers to an agreement or contract that lacks consideration, rendering it unenforceable by law. Consideration refers to a benefit received or detriment suffered by the parties involved, which is the basis for a legally binding contract.
In legal terms, for a contract to be valid, a mutual exchange or promise of consideration is required. This means that both parties must provide something of value to each other, such as money, goods, or services. However, in the case of a nudum pactum, one or both parties enter into an agreement without any consideration, making it essentially an empty promise.
The concept of nudum pactum arises from the fundamental principle of contract law that aims to protect individuals from unfair or unenforceable agreements. The absence of consideration renders the agreement unenforceable because there is no basis to uphold its validity. Without a sacrifice of some kind by both parties, the agreement lacks the necessary binding force.
It is important to note that some jurisdictions might have exceptions or specific situations where nudum pactum may still be enforceable, depending on the circumstances or public policy considerations. Nonetheless, as a general rule, an agreement without consideration is deemed void and unenforceable under the doctrine of nudum pactum.
Common Misspellings for NUDUM PACTUM
- budum pactum
- mudum pactum
- judum pactum
- hudum pactum
- nydum pactum
- nhdum pactum
- njdum pactum
- nidum pactum
- n8dum pactum
- n7dum pactum
- nusum pactum
- nuxum pactum
- nucum pactum
- nufum pactum
- nurum pactum
- nueum pactum
- nudym pactum
- nudhm pactum
- nudjm pactum
- nudim pactum
Etymology of NUDUM PACTUM
The phrase "nudum pactum" is derived from Latin.
The word "nudum" translates to "naked" or "bare". In the legal context, it refers to an agreement or contract that lacks consideration, which means that it is not supported by an exchange of something valuable between the parties involved.
The word "pactum" translates to "pact" or "agreement" in Latin. It is a noun derived from the verb "pacisci", which means "to agree" or "to contract".
Therefore, "nudum pactum" literally means "naked agreement" or "bare contract". It refers to a contract that lacks consideration, rendering it legally unenforceable.
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