Consideration
Definitions
Consideration
 It consists of either some right, interest, benefit or profit
  accruing to one party, or some forbearance, detriment,
  loss or responsibility given, suffered or undertaken by
  the another.
 Consideration means something which is of some value
  in the eyes of law.
 Sec.2 (d) defines consideration as “ when at the desire
  of the promisor, the promisee or any other person has
  done or abstains from doing , or promises to do or to
  abstain from doing, something, such act or abstinence or
  promise is called as consideration for promise.

                    Chapter 15                 2
Legal Rules as to consideration

     It must move at the desire of the promisor
   It may move from the promisee or any other person
   It may be an act, abstinence or forbearance or a return
    promise
   It may be past, present or future
   It need not be adequate
   It must be real and not illusory
   It must be something which the promisor is not already
    bound to do
   It must not be illegal, immoral or opposed to public policy




                     Chapter 15                 3
Stranger to Contract
   There is a relationship subsisting between parties who have entered
    into contractual obligations I.e. Privity of Contract.

   Two consequences of doctrine of privity of contract :
    1. A person who is not a party to a contract cannot sue upon it even
    though the contract is for his benefit and he provided consideration.
    2. A contract cannot confer rights or impose obligations arising
    under it on any person other than the parties to it.




                         Chapter 15                     4
Exceptions to the rule that a Stranger
         to a Contract cannot sue
   A trust or a charge
   Marriage settlement, partition or other family
    sttlement
   Acknowledgement or estoppel
   Assignment of a contract
   Contracts entered into through an agent
   Covenants running with the land

                  Chapter 15          5
Q n A Session




 THANKS



 Chapter 15     6
Chapter 15   7

Consideration 4

  • 1.
  • 2.
    Definitions Consideration  It consistsof either some right, interest, benefit or profit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the another.  Consideration means something which is of some value in the eyes of law.  Sec.2 (d) defines consideration as “ when at the desire of the promisor, the promisee or any other person has done or abstains from doing , or promises to do or to abstain from doing, something, such act or abstinence or promise is called as consideration for promise. Chapter 15 2
  • 3.
    Legal Rules asto consideration  It must move at the desire of the promisor  It may move from the promisee or any other person  It may be an act, abstinence or forbearance or a return promise  It may be past, present or future  It need not be adequate  It must be real and not illusory  It must be something which the promisor is not already bound to do  It must not be illegal, immoral or opposed to public policy Chapter 15 3
  • 4.
    Stranger to Contract  There is a relationship subsisting between parties who have entered into contractual obligations I.e. Privity of Contract.  Two consequences of doctrine of privity of contract : 1. A person who is not a party to a contract cannot sue upon it even though the contract is for his benefit and he provided consideration. 2. A contract cannot confer rights or impose obligations arising under it on any person other than the parties to it. Chapter 15 4
  • 5.
    Exceptions to therule that a Stranger to a Contract cannot sue  A trust or a charge  Marriage settlement, partition or other family sttlement  Acknowledgement or estoppel  Assignment of a contract  Contracts entered into through an agent  Covenants running with the land Chapter 15 5
  • 6.
    Q n ASession THANKS Chapter 15 6
  • 7.