The general rule is that an agreement made without consideration is void. But Section 25 of the Indian Contract Act, 1872, lays down certain exceptions which makes a promise without consideration valid and binding. Discu

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
The general rule is that an agreement made without consideration is void. But Section 25 of the Indian Contract Act, 1872, lays down certain exceptions which makes a promise without consideration valid and binding. Discuss.

Answer & Explanation:

The general rule is that an agreement made without consideration is void. However, Section 25 of the Indian Contract Act, 1872, lays down certain exceptions which make a promise without consideration valid and binding. An agreement made without consideration is valid: Natural Love and Affection: If it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other. Compensation for Past Voluntary Service: 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. Promise to Pay a Time-Barred Debt: If it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized 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 suits. Other points: Nothing in Section 25 shall affect the validity, as between the donor and donee, of any gift actually made. 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 of the promisor was freely given.

Topics: Indian Contract Act, 1872

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