Legal Definitions - naked contract

A naked contract, also known as a nudum pactum, is an informal agreement that is not legally enforceable because it lacks consideration. Consideration is something of value that is exchanged between parties in a contract. Without consideration, a contract is considered unenforceable.

For example, if John promises to give Jane $100 for no reason, this would be considered a naked contract because there is no consideration exchanged between them. If John fails to give Jane the $100, she cannot take legal action against him because the contract is not legally enforceable.

In Roman law, a nudum pactum was also an agreement that did not fall within the specific classes of agreements that could support a legal action. However, it could create an exception to or modification of an existing obligation.