Section 2(d)
Meaning = Quid Pro Quo “Something in return”
 (Section 25) No ‘Consideration’ = No ‘Contract’.
(An Agreement without Consideration is Void).
PPT by Sandeep Sharma
Essentials of Consideration
 Consideration need not be adequate
Eg: Raj agrees to sell his Car worth Rs. 5 Lakh for Rs. 1 lakh.
 Consideration must be Real not Illusory
Case: White vs. Bluett (Father & Son – release from the debt on a
condition).
 It must not be Unlawful
Eg: Contract for Kidnapping/Murder
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 Natural Love & Affection – Valid even without consideration provided.
i. Expressed in writing.
ii. Parties must have Close relation
iii. Registered
iv. Voluntary
Case: Rajlukhy vs. Bhootnath (Void even with Consideration) because
love & affection element between two was missing & it was not voluntary.
Eg: Father & Son property (Valid even without Consideration).
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 Completed Gift
Eg: Doner (Offers) Donee (Gift Accepted)
 Voluntary Service
Eg: Find a purse & returns
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 TBD (Time barred Debt).
Eg: In case of Contract, Indian Limitation act {in next 3 Years after COA
(cause of action) arises}.
2000
• Grant
Loan to
Friend (50
Lakh)
2001
• Refused
to Repay
(COA)
2002
• Not filed a
Case
2003
• Not filed a
Case
2004
• Not filed a
Case
2005
• (TBD)
Voluntary
Came to
Repay
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 Promise to Charities – Just promise to contribute to Charity is not
enforceable by law because it is without consideration.
Case: Abdul aziz vs. Nasum ali. (to fund to rebuild Mosque)
Here, neither Promisor gained anything nor the Secretary suffered.
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 Contract of Agency – An agency with or without Consideration has the
same effect.
Relation b/t
Principal & Agent
is named as
“Contract of Agency”.
Principal • Buyer
Agent
• Friend
(Property
Dealer)
Third
Party
• Seller
PPT by Sandeep Sharma
Contract without Consideration is Void (Exceptions)
 Gratuitous Bailment – No Consideration for the Bailor (Giver).
Eg: Borrowing a Friend’s Car, or Notes.
Here, Bailee (Receiver) is liable for loss of the property, only if it is caused
by his/her negligence.
PPT by Sandeep Sharma

"Consideration" (Chapter 7) - Business Law

  • 1.
    Section 2(d) Meaning =Quid Pro Quo “Something in return”  (Section 25) No ‘Consideration’ = No ‘Contract’. (An Agreement without Consideration is Void). PPT by Sandeep Sharma
  • 2.
    Essentials of Consideration Consideration need not be adequate Eg: Raj agrees to sell his Car worth Rs. 5 Lakh for Rs. 1 lakh.  Consideration must be Real not Illusory Case: White vs. Bluett (Father & Son – release from the debt on a condition).  It must not be Unlawful Eg: Contract for Kidnapping/Murder PPT by Sandeep Sharma
  • 3.
    Contract without Considerationis Void (Exceptions)  Natural Love & Affection – Valid even without consideration provided. i. Expressed in writing. ii. Parties must have Close relation iii. Registered iv. Voluntary Case: Rajlukhy vs. Bhootnath (Void even with Consideration) because love & affection element between two was missing & it was not voluntary. Eg: Father & Son property (Valid even without Consideration). PPT by Sandeep Sharma
  • 4.
    Contract without Considerationis Void (Exceptions)  Completed Gift Eg: Doner (Offers) Donee (Gift Accepted)  Voluntary Service Eg: Find a purse & returns PPT by Sandeep Sharma
  • 5.
    Contract without Considerationis Void (Exceptions)  TBD (Time barred Debt). Eg: In case of Contract, Indian Limitation act {in next 3 Years after COA (cause of action) arises}. 2000 • Grant Loan to Friend (50 Lakh) 2001 • Refused to Repay (COA) 2002 • Not filed a Case 2003 • Not filed a Case 2004 • Not filed a Case 2005 • (TBD) Voluntary Came to Repay PPT by Sandeep Sharma
  • 6.
    Contract without Considerationis Void (Exceptions)  Promise to Charities – Just promise to contribute to Charity is not enforceable by law because it is without consideration. Case: Abdul aziz vs. Nasum ali. (to fund to rebuild Mosque) Here, neither Promisor gained anything nor the Secretary suffered. PPT by Sandeep Sharma
  • 7.
    Contract without Considerationis Void (Exceptions)  Contract of Agency – An agency with or without Consideration has the same effect. Relation b/t Principal & Agent is named as “Contract of Agency”. Principal • Buyer Agent • Friend (Property Dealer) Third Party • Seller PPT by Sandeep Sharma
  • 8.
    Contract without Considerationis Void (Exceptions)  Gratuitous Bailment – No Consideration for the Bailor (Giver). Eg: Borrowing a Friend’s Car, or Notes. Here, Bailee (Receiver) is liable for loss of the property, only if it is caused by his/her negligence. PPT by Sandeep Sharma