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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.
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.
“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)]

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Consideration bba

  • 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)]