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If we desire respect for the law, we must first make the law respectable.
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Legal Definitions - nude
Definition of nude
Nude, in a legal context, describes something that is incomplete, insufficient, or lacking an essential element required for it to be legally binding or effective. It often implies a fundamental deficiency, particularly when referring to agreements or claims.
Here are some examples:
- A Promise Without Consideration: Imagine a situation where one person promises to give another person a significant sum of money as a gift, purely out of generosity, without asking for anything in return. While it's a kind gesture, this promise would be considered a "nude promise" in legal terms. This is because a fundamental principle of contract law requires "consideration"—meaning each party must provide something of value to the other for an agreement to be legally enforceable. Since the recipient isn't offering anything in exchange, the promise is "nude" because it lacks this essential legal component, making it generally unenforceable in court.
- An Unsubstantiated Legal Claim: Consider a scenario where a company files a lawsuit against a competitor, alleging "unfair business practices" but provides no specific details, evidence, or examples of these practices in their initial filing. The court might describe this as a "nude claim" or a "mere claim." It is "nude" because it lacks the necessary factual descriptions, specifications, and supporting particulars required for it to be a valid and actionable legal argument that the court can properly evaluate. The claim is presented without the essential substance needed to proceed.
Simple Definition
In a legal context, "nude" primarily describes something lacking an essential element, most notably consideration in a contract, as seen in the term *nudum pactum* (a bare promise). It can also refer to something that is simply naked or unclothed, or to something mere and lacking specific description.