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NeCede's

Maxim 6.3.33

A contract without consideration, or upon a false consideration, or upon unlawful consideration, cannot have any effect.

Source: Code 3, 3, 4; Chit. Cont. (11th Am. ed.) 25, note; Noy, Max. 24; 2 Bl. Comm. 445; 1 Story, Cont. s. 525; Weisman, 24f

Explanation

(English-origin maxim.) Three fatal defects void a contract: no consideration at all, consideration based on falsehood, or consideration that is unlawful. Any of these renders the contract unenforceable from inception.

Where this applies

  • An agreement is challenged because nothing of value was exchanged by one side.
  • A contract is built on an unlawful purpose and a party still seeks to enforce it.

Cite this maxim

NeCede Max. 6.3.33 — A contract without consideration, or upon a false consideration, or upon unlawful consideration, cannot have any effect. — Code 3, 3, 4; Chit. Cont. (11th Am. ed.) 25, note; Noy, Max. 24; 2 Bl. Comm. 445; 1 Story, Cont. s. 525; Weisman, 24f

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