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Diya Arvind   25 January 2022

legal maxim

what is the scope of the maxim "Ex Nudo Pacto Non Oritur Actio"?


 3 Replies

Aarushi   25 January 2022

The maxim “Ex Nudo Pacto Non Oritur Actio” literally means that “no cause of action arises from a bare promise or agreement”. This means that when any contract is not supported by consideration, it does not stand valid. The said consideration should have some value before law. Any agreement without a consideration becomes a gratuitous promise and is void. Law will not take any action if such promises are not kept. It is only a valid contract which can be held before the Court. Section 10 of the Indian Contract Act, 1872 defines a valid contract to be one which is made by a person who is competent by law to make such contracts with his/her free will, for a lawful consideration. If any of the 3 conditions are not followed, the contract is said to be void in the eyes of the law.

Abdul Aziz v. Masum Ali

In this case, a man paid Rs. 500 for rebuilding a mosque which was left in its previous state. The Court held that since there was no consideration from the side of the person who took it, and following the maxim of Ex Nudo Pacto Non Oritur Actio, there cannot be a valid contract and thus held no value in the eyes of law. The Court also noted that doing a religious good cannot be considered a consideration.

White v. Bluett

When executers of Bluett’s father filed a case against him asking for the debt that was left unpaid by his father, he pleaded that when his father was alive, he had made a contract with him stating that if he would stop complaining about property distribution, he would be freed from his father’s debt. The Court held that to stop complaining for something is not a valid consideration and thus the contract between Bluett and his father held no value before law and the debt that was unpaid by Bluett’s father had to be paid by him.

There are some exceptions to this maxim, which are explained in Section 25 of the Indian Contract Act, 1872. This section states that, if an agreement is made without consideration to compensate for any previous action done, it will be a valid contract. It also mentions that, a contract made out of love and natural affection without a consideration is valid. Another instance is when a person is unable to discharge his debt to another due to certain reasons and then he makes a contract in order to pay that debt, that contract will be considered a valid one without consideration.

Dr J C Vashista (Lawyer)     26 January 2022

What is your dispute / problem / concern /locus standi qua maxim which you have been posting as:

Diya arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in Forum "legal maxim"

Diya Arvind posted a new topic in forum "Legal maxim"

Diya Arvind posted a new topic in forum "Legal maxim"    More...

Read more at: https://www.lawyersclubindia.com/stream/selfstream.asp?member_id=837278

Can you find it law books / internet, if interested in such maxims which you have been posting for "time Pass" ?

Raghav Arora   03 February 2022

Hello, Mr. Vashishth.

With all due respect and acknowledgement to your knowledge, experience and contribution to our platform, you are informed that the maxims are part of a series by LCI's editorial team and is meant to help those searching answers to their academic queries, including those wanting to read and know about the various maxims. 

 

 

That being said, it is also intended by this message to request you to refrain from discouraging anyone on LCI forums from asking any academic query as students are as warmly welcome on our platfrom as are the litigants and struggling lawyers. There is no bar as to what kind of queries may be asked and what not. 

 

We have a dedicated team looking out for undesirable and spam-like content to take care of any element that is not invited to the party. 

We are grateful for your genuine efforts and concern but would  request you to let us spearhead the anti-spam drive. 

 

Hope you understand and comply with the request. 

 

Your sincerely,

Team LCI

 

 


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