Naked promise
A promise not having any consideration, and hence not enforceable by the law. In Latin it means “naked promise” as it is not covered adequately by the aspect of consideration.
When somebody offers a promise without any appropriate and valuable consideration in return it shall be considered to be nudum pactum. It is not enforceable by the court as it does not offer any consideration in return.
The plaintiff, accepted a vakalatnama (a document signifying a lawyers authority to represent his client) from the defendants more than two months prior to the execution of the agreement, hence was already bound to render his services in the best manner to them in Suit No. 723 of 1875, as appears from the agreement itself. The lawyer accepted that vakalatnama upon the terms of receiving his usual fee as a pleader. Therefore the contract to give an additional reward along with fees upon favourable hearing shall count to be as nudum pactum. The lawyer was already supposed to render his services to the best of his abilities hence the promise lacked consideration.
The agreement in this case was executed without any consideration thus falling under “Nudum Pactum” the suit was dismissed.
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