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. 2. There are some contracts which, in consequence of their forms, import a consideration, as sealed instruments, and bills of exchange, and promissory notes, which are generally good although no consideration appears. 3. A nudum pactum may be avoided, and is not binding. 4. Whether the agreement be verbal or in writing, it is still a nude pact. But if the contract be under seal, it is valid. It is a rule that no action can be maintained on a naked contract; 5. This term is borrowed from the civil law, and the rule which decides upon the nullity of its effects, yet the common law has not; in any degree been influenced by the notions of the civil law, in defining what constitutes a nudum pactum.
Law Dictionary – Alternative Legal Definition
Latin: A naked pact; a bare agreement; a promise or undertaking made without any consideration for it. Nudum pactum est no nulla subest eansa praeter ecnventionem; sed nui subest cansa. At obligatio, ot parit actionem. A naked contract is where there is no consideration except the agreement; but where there is a consideration, it becomes an obligation and gives a right of action. Plowd. 309; Broom, Max. 745, 750. Nudum pactum ex quo non oritur actio. Nudum pactum is that upon which no action arises.