Ex nudo pacto non oritur actio

Ex nudo pacto non oritur actio


This legal maxim means “no cause of action arises from a bare promise”.


The legal maxim Ex nudo pacto non oritur actio relates to the enforceability of agreement/contract. Any contract without consideration is void. In the context of this maxim, consideration means price. In the words of Pollock- “Consideration is the price for which the promise of the other is brought and promise thus given for value, which is enforceable.”

In a prominent case of Lee v. Muggeri, Justice Heath ruled that promises without consideration are not enforceable. Section 25 of the Indian Contract Act, 1872 declares that “an agreement made without consideration is void.” Hence, a bare promise is not capable to arise cause of action.