Also known as: nugatorily · void · invalid
Written by attorneys · grounded in primary & secondary sources — see below
An action or instrument that is ineffective and produces no legal consequence or practical result.
Norman Nash signed a mortgage on his warehouse to secure a supposed loan from Neptune Energy. The underlying promissory note was later held void for lack of consideration. The mortgage became nugatory and could not be enforced against the property.
Nikhil Narayan's commercial lease contained a clause allowing the landlord to reenter without court process upon default. The controlling state law provided a speedy judicial remedy instead. The self-help provision was nugatory as against public policy.
Nolan Nunez contracted to buy goods from Nova Pharmaceuticals and agreed to pay $500,000 upon any breach. The clause bore no relation to anticipated harm or proof difficulties. The provision fixing damages was nugatory as an unenforceable penalty.
Select any source to read its text and confirm it supports the definition.
Nathaniel Newman executed a will devising property to a revocable trust. The trust was terminated before Newman's death and the will did not provide otherwise. The devise became nugatory and the property passed by intestacy.
Naomi Norton and her partner tried to adopt through a private agreement without following statutory procedures. Adoption was unknown at common law and required compliance with state statutes. The attempted adoption was nugatory and conferred no parental rights.
Nimbus Cloud was named trustee of a trust created after the settlor was subjected to undue influence by a family member. The trust instrument reflected that improper pressure rather than free intent. The trust was nugatory to the extent of the undue influence.
A mortgage or security device requires a valid underlying obligation. If that obligation is void or discharged, the mortgage itself produces no enforceable rights and is nugatory.
When state law supplies a speedy judicial remedy for recovering possession, any contractual authorization of self-help is against public policy and therefore nugatory.
A term fixing damages that is unreasonable in light of anticipated or actual harm, proof difficulties, or the feasibility of other remedies is treated as a penalty and is nugatory.
A devise to a trust that is revoked before the testator's death becomes nugatory unless the will expressly provides otherwise.
Adoption is a purely statutory creation unknown at common law. Any attempt to create parental rights outside the statutory framework produces no legal effect.
A trust is nugatory to the extent its creation was procured by fraud, duress, or undue influence.
…be mockery. The particular phraseology of the Constitution confirms the principle that a law repugnant to the Constitution is void and that courts as well as other departments are bound by that instrument. Therefore the Judiciary Act insofar as it purports to extend the Supreme Court's original jurisdiction beyond that…