Nudum Pactum under the Indian Contract Act, 1872
Nudum Pactum The term ‘Nudum Pactum’ has been derived from Latin terminology which means a naked agreement. The adage denotes an agreement made without any consideration. As per law, a contract is only enforceable when it is inclusive of the basic requirement of consideration. Consideration is defined as a promise to pay money, valuable things, or any other perk as discussed by the parties engaged in the contract or agreement. Where there is no consideration that is a nudum pactum, and hence such a contract is neither enforceable nor valid. A nudum pactum might be made verbally or in writing. Since these agreements are unenforceable, they may not be pursued in court. This indicates that these agreements do not come under the categories of agreements that can lead to legal action. Such agreement may constitute a modification or exemption to an existing duty. The contract, on the other hand, is regarded as legitimate if it is sealed. Furthermore, some contracts,...