Nudum pactum is a Latin phrase that translates to “a naked promise” in English.
Under Indian law as well as English law, one of the essentials of the constitution of an agreement is consideration. A consideration in other words may be described as something in return(quid pro quo). An agreement without consideration is a naked promise also known as ‘Nudum Pactum”. It is legally unenforceable and therefore not binding on the parties.
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Nudam Pactum in India
Section 25 of the Indian Contract Act lays down certain exceptions when agreements without consideration are valid. It states that nudum pactum agreements are void unless:
- It is in writing and registered: It is written and registered as per the provisions of registration of documents currently in force and it is a result of or made on account of love and affection between parties standing in near relation to each other; or
- Is a promise to compensate for something done: It is a promise to compensate a person who has previously voluntarily done something for the promisor, or something that the promisor was legally obligated to perform, in whole or in part.
- A promise to pay debt barred by limitation law: The law of limitation puts a time bar on when a person can sue for unpaid debt. Any agreements making a promise to extend such a time bar is without consideration and still valid.
Illustration of Nudum Pactum
- Ram promises to pay Sita Rs. 50,000 for nothing. This is a bare promise and therefore unenforceable.
- Rahul, father of Rohit promises to pay Rohit a sum of Rs. 1500 and puts it in writing and gets it registered. This is a contract arising out of natural love and affection and hence valid as per the provisions of section 25 of the contract act.
- Soumya owes B Rs. 41,000, but the debt is barred by the Limitation Act. Soumya signs a written promise to pay B Rs. 41000 on account of the debt. This instead of being a bare promise (nudam pactum) is valid and enforceable as a contract because it falls under one of the exceptions provided in section 25 of the contract act.
Relevant Questions
Under contract law, a bare promise may refer to a promise made without consideration or without a quid pro quo. An agreement with a bare promise is unenforceable and thus void.
It may be called a bare promise or a gratuitous promise. These promises cannot be enforced by law unless falling under the exceptions.
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