Lectures by Dr. Tabrez Ahmad

1. Consideration
Definition
Section 2(d) of the Indian Contract Act 1872:
Dr. Tabrez Ahmad, 1
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2. Section 2(d)
• “When at the desire of the promisor
the promisee or any other person has
done or abstained from doing, or
does or abstains from doing, or
promises to do or to abstain form
doing something, such act or
abstinence or promise is called a
consideration for the promise”.
Dr. Tabrez Ahmad, 2
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3. Consideration
• At the desire of the promisor
• Promisee or any other person
• Past, present or future
• Such act, abstinence or promise is
called consideration
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4. At the desire of the promisor
Durga Prasad V. Baldeo 1880
• Facts: The plaintiff on the order of the collector
of a town, built at his own expense, certain shops
in a bazar. The shops came to be occupied by the
defendants who, in consideration of the plaintiff
having expended money, in the construction,
promised to pay him on commission on articles sold
through their agency in the bazar. The plaintiffs
action to recover the commission was rejected.
• The act was the result not of the promise but of
the collector’s order.
Dr. Tabrez Ahmad, 4
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5. Promisee or any other
person
• As long as there is a consideration
for a promise, it is immaterial who
has furnished it. It may move from
the promisee, or,if the promisor has
no objection, from any other person
Dr. Tabrez Ahmad, 5
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6. Privity of Contract and
Privity of Consideration
English Law
In the law of England certain principles are
fundamental. One is that only a person who
is a party to a contract can sue on it. A
second principle is that if a person with
whom a contract not under seal has been
made is to be able to enforce it,
consideration must have been given by him.
Dr. Tabrez Ahmad, 6
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7. English Law
• 1. Consideration must move from the promisee and
the promisee only. If it be furnished by any other
person, the promisee becomes a stranger to the
consideration and, therefore, can not enforce the
promise.
• 2. A contract can not be enforced by a person
who is not a party to it even though it is made for
his benefit. He is stranger to the contract and
can claim no rights under it.
Dr. Tabrez Ahmad, 7
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8. Tweddle v.Atkinson
30 LJ QB218 1861
The court of Queens Bench refused to allow a
beneficiary who is not a party to a contract to
enforce the contract.
Fact: The plaintiff who was to be married to the
daughter of one G and in consideration of this
intended marriage G and the plaintiffs father
entered into a written agreement by which it was
agreed that each would pay the plaintiff a sum of
the money. G failed to do so and the plaintiff
sued his executors. Whiteman judge considered it
to be an established principle “ that no stranger
to the consideration can take advantage of a
contract, although made for his benefit”.
Dr. Tabrez Ahmad, 8
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9. Tweddle v.Atkinson
30 LJ QB218 1861
Judgment
Thus, although the sole object of the contract was to secure a
benefit to the plaintiff, he was not allowed to sue as the
contract was made with his father and not with him.
The case laid the foundation of what subsequently came to be
known as the doctrine of “ privity of contract”.
This principle was affirmed by the House of Lords in Dunlop
Pneumatic Tyre Co. V. Selfridge & Co.
Dr. Tabrez Ahmad, 9
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10. Dunlop pneumatic tyre Co.,
Plaintiff V. Selfridge & Co.,
Defendant, 1915
• Facts: Plaintiffs sold certain goods to one Dew &
Co. and secured an agreement from them not to
sell the goods below the list price and that if they
sold the goods to another trader they would
obtain from him a similar undertaking to maintain
the price list. Dew & Co. sold the motor tyres to
the defendants who agreed not to sell the tyres
to any private customer at less than the list
prices. The plaintiff sued the defendant for
breach of this contract.
Dr. Tabrez Ahmad, 10
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11. Dunlop pneumatic tyre Co.,
Plaintiff V. Selfridge & Co.,
Defendant, 1915
• Judgment: It was held by Lord
Viscount HALDANE that assuming
that the plaintiffs were undisclosed
principals no consideration moved
from them to the defendants and
that the contract was unenforceable
by them
Dr. Tabrez Ahmad, 11
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12. Sec 25. An agreement
without consideration is
void unless
Clause (i) It is in writing and registered.
It is expressed in writing and registered
under the law for the time being in force
for registration of [documents], and is
made on account of natural love and
affection between parties standing in a
near relation to each other;
Dr. Tabrez Ahmad, 12
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13. Sec 25. An agreement
without consideration is
void unless
• Clause(ii) or is a promise to
compensate, wholly or in part, a
person who has already voluntarily
done something for the promisor, or
something which which the promisor
was legally compellable to do ;
Dr. Tabrez Ahmad, 13
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14. Sec 25. An agreement
without consideration is
void unless
• Clause (iii) or is a promise to pay a debt
barred by limitation-
It is a promise, made in writing and signed by
the person to be charged therewith, or by
his agent generally or specially authorised
in that behalf, to pay wholly or in part a
debt of which the creditor might have
enforced payment but for the law for the
limitation of the suits
Dr. Tabrez Ahmad, 14
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15. Explanations
• 1. Nothing in section 25 shall affect the validity,
as between the donor and donee, of any gift
actually made
• 2. An agreement to which the consent of the
promisor is freely given is not void merely
because the consideration is inadequate ; but the
inadequacy of the consideration may be taken into
account by the court in determining the question
whether the consent to the promisor was freely
given.
Dr. Tabrez Ahmad, 15
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16. Dr. Tabrez Ahmad, 16
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17. Project
presentation
and final draft
How to deal with bibliography
Dr. Tabrez Ahmad, 17
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18. • Foot note should be used only where really
necessary, or where the information, though
important, can not be incorporated in the text,
without interfering its continuity and flow.
• Reference in the text to the foot note is shown
by an indication inserted at the point from where
the reference is made. The indication also serves
to identify the particular footnote referred to.
• The super script system should be followed for
indicating such references in the text.
Dr. Tabrez Ahmad, 18
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19. • In the super script system an index no.
consisting of an Indian numeral, is placed
just above the line at the point of the text
from where the reference is made. The
information in the footnotes to which the
index no. refers also carries the identical
number.
• The footnote references starts from 1
(one) and is continued consecutively
throughout the entire article
Dr. Tabrez Ahmad, 19
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20. Index Number in the
Text:
The index numbers consist of Indian numerals only; they
should not be enclosed within brackets, or followed by a
slash, and no full stop is to be placed after them The index
numbers are numbered consecutively, and if a new index
number is to be introduced, or a number is to be deleted,
the whole sequence has to be renumbered, and the numbers
in the footnotes changed, too. No gap in the sequence of
numbers is permissible; and neither can the references be
numbered as “1.1”, “1a”, etc., to accommodate a new
reference. Only one index number is given at a particular
point in the text. If there is more than one reference to it,
all of them are grouped under that number in the footnote.
Dr. Tabrez Ahmad, 20
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21. Placement of the Index
Number
• The index number is placed at the exact
point from which the reference is to be
made to the footnote. In the case of a
quotation, however the index number is
placed at the end of a quoted matter,
whether the quotation is run on in the, or
given as a block quotation. In a run on
quotation, the index number is placed
outside the closing quotation mark.
Dr. Tabrez Ahmad, 21
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22. • Index Number in the Table: Instead of the
numerals, only typographical symbols, or
alphabets, are used in the tables for the
footnotes, so that there is no confusion with the
data. The usual symbols used are asterisk (*) and
double asterisk (**) or the alphabets: a, b, c etc.
• The corresponding footnotes are also similarly
marked, and they precede the numbered
footnotes, if the table appears on the same page
as the text.
Dr. Tabrez Ahmad, 22
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23. Types of footnotes
The following types of footnotes, or
notes, are commonly used
• 1. Content Notes.
• 2. Reference Notes.
• 3. Bibliographical, or Citation Notes.
Dr. Tabrez Ahmad, 23
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24. 1 Content note:
• Content notes are used for supplementing, clarifying,
elucidating information beyond limits permissible in the
text. The content notes should be brief, and used only
where the information can not be included in the text.
• Supplementary Information: Supplementary
information which can not be included in the running text,
but is nevertheless relevant and deserves to be pointed out,
can be given as footnote.
• Biographic information: Biographical information can be
given as a footnote, if information would look out of place in
the text.
Dr. Tabrez Ahmad, 24
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25. • Names: Real names, pseudonymous, or changed names can be
indicated in the footnotes.
• Places and boundaries: Change in names of places and
geographical boundaries can also be similarly indicated in
footnotes.
• Translation or original of a quotation: Translation of an
original quotation or original of a quotation can be given as
footnote.
• Weights, Measures, and Currencies: Modern
equivalents of obsolete weights and measures, as also Indian
equivalents of foreign currencies can also be given in
footnotes, if it is not desired to give the information in the
text.
Dr. Tabrez Ahmad, 25
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26. 2 Reference Notes
• A reference can be made from a footnote
to some other part of the text, or to the
appendix, or even to another footnote. A
reference may also be made from a
footnote to another publication where the
information has been treated more
exhaustively. A reference to a divergent
or conflicting viewpoint can also be made
for the sake of comparison.
Dr. Tabrez Ahmad, 26
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27. • The following reference notes may be used.
• See Reference: A ‘see’ reference is used to indicate
that the information has been given in the place referred
to, which may be seen, and is not being repeated here.
• Examples:
• See footnote 4, P. 205
• See appendix 3
• For details of this campaign see pp. 32-39.
• See also reference: A see also reference is made where
additional, or supplementary information is being referred
to.
Dr. Tabrez Ahmad, 27
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28. • Comparison Notes: Comparison notes
are used where different versions,
conflicting practices, or different
viewpoints are referred to. Such
notes are preceded by the Latin
abbreviation cf. (confere, ‘compare’).
Dr. Tabrez Ahmad, 28
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29. Project Presentation
and
Bibliography
Dr. Tabrez Ahmad, 29
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30. Presentation Format
Introduction
Chapter-1 xxxx
Chapter-2 yyyy
Chpater-3 zzzz
Chapter-4 aaaa
Chapter-n etc.
Conclusion & recommendation
Bibliography
Cases referred
Dr. Tabrez Ahmad, 30
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31. Introduction
• Para 1 Introduce your topic
• Para 2 State the problem
• Para 3 Particular Issues
• Para 4 Research methodology
• Para 5 Object and scope
• Para 6 Hypothesis
• Para 7 Chapterisation
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32. Chapter-1
Name of the chapter
Introduction of the chapter
Sub-chapters
1
2
3
Etc
conclusion
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33. Bibliography
• Text books alphabetical order
• Journals alphabetical order
• Periodicals alphabetical order
• Websites
Dr. Tabrez Ahmad, 33
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34. Cases referred
• Alphabetical order
Dr. Tabrez Ahmad, 34
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35. Bibliographical, or
Citation Notes
• In the ‘Bibliography’ or ‘Literature cited’,
information about the document as a whole
is given, while the bibliographical footnote
gives information about the exact place in
the document where the information can
be found.
Dr. Tabrez Ahmad, 35
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36. • Since a footnote is not arranged
alphabetically, but in the order in
which references appear in the text,
the names of the authors cited are
written in the normal order and not
with surname first as in
bibliographies, or literature cited.
Dr. Tabrez Ahmad, 36
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37. • The same document may be cited more
than once in a footnote, but in the
bibliography the information is given only
once. If a document is cited frequently in
a footnote, an abridged form is used in
subsequent citations, whereas the
information in the bibliography is given in a
full and complete form.
Dr. Tabrez Ahmad, 37
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38. The following are the more common types of
bibliographical footnotes.
• Reference to the publication as a whole.
• Reference to the particular page, or
portion.
• Reference to an article or contribution in a
book.
• Reference to an article or contribution in a
periodical.
Dr. Tabrez Ahmad, 38
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39. Reference to the
publication as a whole
• The following information appears in the first
full reference to a publication as a whole: (1)
foot note no. (2). Name of author or authors (3).
Title of publication. (4). Edition. (5). Place of
publication. (6). Publisher. (7). Year of
publication (8). Total number of pages, or in the
alternative the number of volume if more than
one, and (9). Series note, if any.
•
Dr. Tabrez Ahmad, 39
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40. Reference to the particular page, or
portion of a book.
• A reference to a portion of the
book contains reference to specific
page, or pages in addition to other
bibliographical particulars
Dr. Tabrez Ahmad, 40
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41. Reference to an article or
contribution in a book
• The full reference contains (1) the footnote no., (2) the
name of the author, or authors. (3). Title of the
contribution, (4). Title of the main publication, preceded
by the name of the editors or compilers where necessary,
(5). Edition statement, (6). Volume number, if any, (7).
Place of publication. ( 8) Publisher, (9). Year of
Publication, (10) series note, (11) specific page, or the
first and last page of the portion referred to and (12).
The word ‘In: to separate the contribution from the main
publication
Dr. Tabrez Ahmad, 41
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42. Reference to an Article in
a Periodical
• A footnote reference to an article in a
periodical contains (1) footnote number
(2) name or names of the author, or
authors. (3). Title of the contribution.
(4). Title of the periodical given an
abbreviated form. (5). Volume number.
(6). Issue number. (7). Date of issue, and
(8). Specific page or first and last pages
of the portion referred to.
Dr. Tabrez Ahmad, 42
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43. Thanks
Dr. Tabrez Ahmad, 43
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