Nuda Pactio Obligationem Non Parit: The Concept of a Naked Promise in Law

Q: Can a verbal promise be enforceable?

Yes, a verbal promise can be enforceable if it includes consideration and meets other legal requirements.

Q: What happens if there is no consideration?

If there is no consideration, the promise is generally not legally enforceable.

Definition & Meaning

The term "nuda pactio obligationem non parit" refers to a concept in contract law that translates to "a naked promise does not create an obligation." In simpler terms, it means that a promise made without consideration"something of value exchanged between parties"does not result in a legally binding obligation. This principle emphasizes the importance of consideration in forming enforceable contracts.

Table of content

Legal Use & context

This term is primarily used in contract law, which is a key area of civil law. Understanding this principle is crucial for individuals and businesses when entering agreements. Without consideration, a promise may be seen as merely a moral obligation rather than a legal one. Users can manage their contracts effectively by utilizing legal templates from US Legal Forms, which can help ensure that all necessary elements, including consideration, are properly addressed.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Consider the following hypothetical examples:

If Person A promises to give Person B $100 without any exchange of goods or services, this promise is considered a naked promise and is not enforceable.
If Person A agrees to sell their car to Person B for $5,000, the exchange of money serves as consideration, making the promise legally binding.

State-by-state differences

Examples of state differences (not exhaustive):

State	Consideration Requirements
California	Requires consideration for enforceable contracts.
New York	Also requires consideration; however, certain verbal agreements may be enforceable under specific conditions.
Texas	Emphasizes the necessity of consideration in contract formation.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Difference
Consideration	Something of value exchanged in a contract.	Consideration is required for a binding contract; a naked promise lacks this.
Enforceable Contract	A contract that can be legally upheld in court.	Naked promises are not enforceable due to lack of consideration.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation involving a promise without consideration, consider the following steps:

Evaluate the agreement to determine if consideration can be added.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you draft enforceable contracts.

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Quick facts

Attribute	Details
Legal Principle	Naked promises are not enforceable without consideration.
Key Requirement	Consideration must be present for a contract to be binding.
Common Misconception	All promises are legally binding.

Key takeaways

Frequently asked questions

What is consideration in a contract?

Consideration refers to something of value exchanged between parties in a contract, which is necessary for the contract to be enforceable.