1. Consideration
Importance of consideration:
A promise without C is purely gratuitous and, however sacred and
binding in honor it may be, cannot create a legal obligation.
Contract = promise + the C for the promise
Thus generally, a contract can not be thought of without
consideration. “No consideration, no contract” is the rule of law.
Since agreement Sec 2(e), is a promise in exchange for a
promise, each promise forming consideration for other. It will
therefore be an inconsistency to think of an agreement and
consequently contract without C.
Thus, we can say:
Except in certain cases, a contract without C cannot be thought of
and if made, it is devoid of any legal obligation.
2. Rules as to consideration
C must move at the desire of the promisor.
C may move from the promisee or any other person.
Stranger to contract V. stranger to C
A stranger to consideration can sue but a stranger to a
contract can not. Exceptions:
Beneficiary in a trust
Provision of marriage expenses of female in joint hindu family
Family members who were not part in a family settlement
Assignment to a contract
An acknowledgement of a liability
C need not be adequate.
C must be real and valuable.
C must be legal.
C may be present (executed), future (executory) or past.
3. “No Consideration no contract
”
An agreement without C is valid if:
It is expressed in writing and
It is registered (under the law of R), and
It is made on account of natural love and affection, and
Made between parties standing in a near relation to each other. [Section
25(1)]
A promise without C is valid if, “it is a promise to compensate wholly or
in part, a person who has already voluntarily done something for the
promisor, or something which the promisor was legally compellable to
do”. [Section 25(2)]
A promise to pay, wholly or in part a debt which is barred by the law of
limitation can be enforced if (a) it is in writing, and (b) is signed by the
debtor or his authorised agent. [Section 25(3)]