Nudum pactum

Nudum pactum in Latin literally means 'naked promise' or '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 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.

Under the Indian law as well as English law, one of the essentials of an constitution of an agreement is consideration. A consideration in other words maybe described as something in return(quid pro quo). An agreement without a consideration is a naked promise also known as ‘Nudum Pactum”. It is legally unenforceable and therefore not binding on the parties.