Juridical Dictionary

This dictionary contains:
8526
juridical terms

Nudum pactum




Nudum pactum

Contracts. A contract made without a consideration,; it is called a nude or naked contract, because it is not clothed with the consideration required by law, in order to give an action.

RELATED TERMS
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Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Nude
Naked. Figuratively, this word is applied to various subjects. 2. A nude contract, nudum pactum, q. v.) is one without a consideration; nu de matter, is a bare allegation of a thing done, without any evidence of it.

Naked
This word is used in a metaphorical sense to denote that a thing is not complete, and for want of some quality it is either without power, or it possesses a limited power. A naked contract, is one made without consideration, and, for that reason, it is void; a naked authority, is one given without any right in the agent, and wholly for the benefit of the principal.

Consideration
Under common law, there can be no binding contract without consideration, which was defined in an 1875 English decision as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. So they added the criteria of consideration. Consideration is not required in contracts made in civil law systems and many common law states have adopted laws which remove consideration as a prerequisite of a valid contract.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.



SIMILAR TERMS
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PREVIOUS AND NEXT TERMS
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Novus homo
A new man; -this term, is applied to a man who has been pardoned of a crime, by which he is restored to society, and is rebabilitated.

Noxal actton
Civil law. A personal, arbitrary, and indirect action in favor of one who has been injured by the slave of another, by which the owner or master of the slave was compelled either to pay the damages or abandon the slave.

Nubilis
Civil law. One who is of a proper age to be married.

Nude
Naked. Figuratively, this word is applied to various subjects. 2. A nude contract, nudum pactum, q. v.) is one without a consideration; nu de matter, is a bare allegation of a thing done, without any evidence of it.

Nude matter
A bare allegation unsupported by evidence.

Nudum pactum

Nuisance
Criminal law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience, or damage."

Nul
Law French. A barbarous word which means to convey a negative; as, Nul tiel record, Nul tiel award.

Nul agard
No award. A plea to an action on an arbitration bond, when the defendant avers that there was no legal award made.

Nul disseisin
Pleading. No disseisin. A plea in a real action, by which the de- fendant denies that there was any disseisin it is a species of the general issue.

Nul tiel record
Pleading. No such record.

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This dictionary contains 8526 terms.







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