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.
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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