nudum pactum

Nudum pactum is an agreement without consideration. Under the Indian Contract Act an agreement made without consideration is void, subject to exceptions: a promise in writing and registered, made out of natural love and affection between near relatives; a promise to compensate for something voluntarily done for the promisor; a written promise to pay a time-barred debt; and gifts actually made.

Indian law differs from English law in that consideration may move from the promisee or any other person, and may consist of a past act done at the promisor's desire. So a promise supported by consideration from a third party is not a nudum pactum in India.

Example

A's bare promise to give B Rs 1,000, with nothing in return, is a nudum pactum and void under s.25.

In Indian law

• Sections 2(d) and 25, Indian Contract Act, 1872

See also

consideration · void agreement · privity of consideration

Read more in the study notes

• Consideration and nudum pactum (Contract I)