单词 | nudum pactum |
释义 | nudum pactumn. Law. An unenforceable agreement; spec. a contract which is void through lack of consideration. Cf. nude adj. 1b. ΘΚΠ society > law > legal obligation > contract > [noun] > other contracts lease1483 mutuum1486 pre-contract1563 surcontract1584 nudum pactum1603 contract of location1604 subcontract1660 mandate1781 personal contract1831 protocol1842 severable contract1848 employment contract1891 standard form contract1908 recording contract1922 record contract1924 recording deal1943 record deal1945 EULA1992 1603 J. Norden Pensive Soules Delight sig. Fv What man of lawe can rightly censure this, Pactum or nudum pactum, yea or no? 1686 R. Wiseman Law of Laws I. viii. 151 And albeit it be a rule in the Civil Law, that a bare promise or compact, call'd Nudum Pactum, is not obligatory, nor shall give any cause of action. 1791 T. Jefferson Let. 6 May in Papers (1982) XX. 375 If a man in consideration of a marriage already taken place, covenants or conveys; it is merely voluntary, a nudum pactum which will not raise a right. 1827 Reg. Deb. Congress U.S. III. 675 If a promise was obtained from us without consideration..I should view it as nudum pactum. 1856 W. Whewell Elem. Morality II. v. xi. 292 Roman Law did not compel the performance of a nudum pactum, a mere promise made for no reasonable consideration. 1914 Amer. Polit. Sci. Rev. 8 304 A contract without consideration, or a nudum pactum, in the common law, not the civil law sense. 1959 Earl Jowitt & C. Walsh Dict. Eng. Law II. 1249/1 Nudum pactum, a bare agreement, that is to say, an agreement made without consideration and upon which, unless it is under seal, no action will lie. 1997 Good Faith & Fault in Contract Law iii. 27 The merger of freedom in the negotiation process..has led English law to rule that an offer promised to be irrevocable, is still revocable, as it is not supported by consideration, and is thus good to create only a nudum pactum. This is a new entry (OED Third Edition, December 2003; most recently modified version published online March 2022). < n.1603 |
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