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NeCede's

Maxim 6.5.23

Naked reason and naked promise do not bind any debtor.

Source: Fleta, 1, 2, C. 60, S. 25; Weisman, 28q Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Bare argument or a naked promise, unsupported by consideration or formality, creates no binding obligation on a debtor — the law requires something more than words.

Where this applies

  • A man argues he should not have to pay a debt because it seemed like a reasonable thing to borrow at the time — but bare reasoning without formal consideration does not create an enforceable obligation.
  • A friend promises to pay you back someday with no written agreement or exchange of value, and the law treats the naked promise as unenforceable.
  • A debtor claims he only gave his word and nothing more, so the creditor's attempt to collect fails because a naked promise without consideration does not bind.

Legal domains

Cite this maxim

NeCede Max. 6.5.23 — Naked reason and naked promise do not bind any debtor. — Fleta, 1, 2, C. 60, S. 25; Weisman, 28q

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