Nudum Pactum - Law Dictionary Search Results
Home Dictionary Name: nudum pactumnudum pactum
nudum pactum [Medieval Latin, naked pact] : an agreement or promise that is made without consideration and hence unenforceable [a mere nudum pactum] compare gratuitous promise at promise ...
Nudum pactum
Nudum pactum (a naked agreement), an agreement made without any consideration, upon which therefore, unless it be made by deed, no action will lie....
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. Plow. 309, (A naked contract is where there is no foundation for it except the agreement; but where there is a ground, it becomes an obligation, and gives a right of action.) Similarly, Nuda pactio obligationem non parit. Dig. 2, 14, 7, s. 4, (A naked promise does not be get an obligation); and ex nudo pacto non oritur actio. Noy's Max. 24, (An action does not arise from a bare promise.)-See CONSIDERATION; and Vanbergen v. St. Edmund's Properties Ltd., (1933) 2 KB 223....
promise
promise : a declaration or manifestation esp. in a contract of an intention to act or refrain from acting in a specified way that gives the party to whom it is made a right to expect its fulfillment aleatory promise : a promise (as to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, is not made for the benefit of the party making it, and must be in writing to be enforceable false promise : a promise that is made with no intention of carrying it out and esp. with intent to deceive or defraud gratuitous promise : a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel. illusory promise : a purported promise that does not actually bind the party making it to a particular p...
Dolo malo pactum se non servabit
Dolo malo pactum se non servabit [Lat.], A pact made with malicious intent will not be upheld....
Pactum constitut' pecuni'
Pactum constitut' pecuni', an agreement by which a person appointed to his creditor a certain day, or a certain time, at which he promised to pay; or an agreement by which a person promises to pay a creditor, Civ. Law....
Pactum de non petendo
Pactum de non petendo, an agreement made between a creditor and his debtor that the former will not demand from the latter the debt due. By this agreement the debtor is freed from his obligation, Civ. Law. This is not unlike the covenant not to sue of our Common Law....
Pactum de quota litis
Pactum de quota litis, an agreement by which a creditor promised to pay a portion of a debt difficult to recover, to a person who undertook to recover it, Civ. Law....
VerbarNudum pactum
A bare naked contract without any consideration and therefore unenforceable in a court of law...
Lex loci contractus
Lex loci contractus (the law of the place of the contract). Generally speaking, the validity of a contract is decided by the law of the place where it was made. If valid there, it is, by the general law of nations (jure gentium), held valid everywhere, by the tacit or implied consent of the parties. the rule is founded not merely in the convenience, but in the necessities of nations; for otherwise it would be impracticable for them to carry on an extensive intercourse and commerce with each other. the whole system of agencies, of purchases and sales, of mutual credits, and of transfers of negotiable instruments, rests on this foundation; and the nation which should refuse to acknowledge the common principles would soon find its whole commercial intercourse reduced to a state like that in which it now exists among savage tribes.The same rule applies to the invalidity of contracts; if void or illegal by the law of the place of the contract, they are generally held void and illegal everyw...
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