nudum pactum

{{Short description|In law, an unenforceable promise}}

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{{lang|la|Nudum pactum}} in Latin literally means {{gloss|naked promise}} or {{gloss|bare promise}}. In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree.

In the US, the Uniform Commercial Code has invalidated the doctrine of {{lang|la|nudum pactum}} as it applies to offers made by "merchants" under the firm offer rule under certain circumstances. It holds that those offers are legally enforceable in a manner similar to option contracts.

See also