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NeCede's

Maxim 6.2.15

A naked agreement does not beget an obligation.

Source: Dig. 2, 14, 7, 4; Broom, Max. 746; Weisman, 5m

Explanation

An agreement without consideration creates no enforceable obligation — bare promises are insufficient to bind in law.

Where this applies

  • Two people make a casual promise with nothing exchanged, and one tries to enforce it.
  • A promise to give a gift, unsupported by consideration, is claimed as a binding contract.

Cite this maxim

NeCede Max. 6.2.15 — A naked agreement does not beget an obligation. — Dig. 2, 14, 7, 4; Broom, Max. 746; Weisman, 5m

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