Legal Definitions - nude contract

A nude 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.

In Roman law, a nudum pactum was 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.

For example, if John promises to give Jane $100 as a gift, but Jane does not promise anything in return, this would be considered a nude contract because there is no consideration exchanged. If John fails to give Jane the $100, she cannot legally enforce the agreement because it is not a valid contract.