F, for natural love and affection, promises to give her daughter D ₹1,00,000. But after some time F refuses to fullfil his promise. Advice D what she should do?
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2021
F, for natural love and affection, promises to give her daughter D ₹1,00,000. But after some time F refuses to fullfil his promise. Advice D what she should do?
Answer & Explanation:
Present problem relates to section 25 of the Contract Act, 1872, which lays a general rule that an agreement made without consideration is void. Section 25 also lays down exception to this rule which read as if an agreement is expressed in writing and registered and is made out of natural love and affection between parties standing in a near relation of each other, the agreement is valid and enforceable and requires no consideration. Though in the present problem F promises to give her daughter ₹1,00,000 out of natural love and affection and the parties are standing in near relation to each other but his promise is not in writing and registered, so daughter D is not entitled to get the promise by her father enforced i.e. Oral promise without consideration is not legally enforceable under the given exception, so it is advised to D that she is not entitled to get the promise of her father enforced in the court of law.
Topics: Indian Contract Act, 1872
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