Agreements Having No Consideration Are Called As: Understanding the Legal Term
Agreements are a fundamental aspect of business and legal transactions. They are formed between two or more parties mutually agreeing upon certain terms and conditions. However, there are certain conditions that need to be met for an agreement to be legally binding and enforceable. One of these conditions is the presence of consideration.
Consideration is defined as something of value exchanged between the parties to a contract. It can be in the form of money, goods, or services. Consideration forms a crucial part of any agreement as it denotes the intention of the parties to enter into the agreement and binds them together.
However, there are certain situations where an agreement may lack consideration. In such cases, the agreement is said to have no consideration. Agreements having no consideration are called as “nudum pactum” in legal terms.
Nudum pactum translates to “bare agreement” in Latin. It refers to an agreement that lacks consideration. This means that the parties to the agreement have entered into an agreement without any exchange of value between them. As a result, such agreements do not have any legal binding force.
For example, if John promises to give his car to Mary without any exchange of value, the agreement would be considered a nudum pactum as there is no consideration involved. In such cases, the agreement would not be legally enforceable.
There are, however, certain exceptions to this rule. One such exception is the doctrine of promissory estoppel. This doctrine states that if a party makes a promise to another party, and the other party relies on that promise to their detriment, the party making the promise may be estopped from going back on their promise, even if there was no consideration exchanged. This doctrine is based on the principle of fairness and equity.
In conclusion, agreements are an integral part of business and legal transactions. They are formed with the intention of binding the parties together and fulfilling certain obligations. However, the presence of consideration is crucial for an agreement to be legally enforceable. In cases where agreements lack consideration, they are called as nudum pactum and are not legally binding. It is important to understand these legal terms and conditions before entering into any agreements to avoid any legal disputes.