The Indian Law recognizes three kinds of consideration but the English law recognizes only two. Discuss.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
The Indian Law recognizes three kinds of consideration but the English law recognizes only two. Discuss.
Answer & Explanation:
Consideration may be of three kinds: Executory or Future Consideration: This means a promise to be performed in the future. For example, an engagement to marry someone. Executed or Present Consideration: This is an act or forbearance made or suffered for a promise, where the act constituting consideration is wholly or completely performed. For example, if A pays ₹100 today to a shopkeeper for goods promised to be supplied the next day, A has executed his consideration. If the price is paid by the buyer and the goods are delivered by the seller at the same time, consideration is executed by both parties. Past Consideration: This means a past act or forbearance, that is to say, an act constituting consideration which took place and is complete (wholly executed) before the promise is made. Difference between Indian and English Law: According to English law , a consideration may be executory or executed but never past. The English law states that past consideration is no consideration. The Indian law recognizes all the above three kinds of consideration, including past consideration.
Topics: Indian Contract Act, 1872
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