"No consideration, no contract; subject to certain exceptions." Explain briefly.
CS Executive · Economic and Commercial Laws · PYQS · December 2015
"No consideration, no contract; subject to certain exceptions." Explain briefly.
Answer & Explanation:
The general rule is that an agreement made without consideration is void. But Section 25 of the Indian Contract Act lays down certain exceptions which make a promise without consideration valid and binding. Thus, an agreement without consideration is valid under the followings: If it is expressed in writing and registered and is made out of natural love and affection between parties standing in a near relation to each other; or If it is made to compensate a person who has already done something voluntarily for the promisor, or done something which the promisor was legally compellable to do; or If it is a promise in writing and signed by the person to be charged therewith, or by his agent, to pay a debt barred by the law of limitation. The requirements in the above exceptions are noteworthy. The first one requires written and registered promise. The second may be oral or in writing and the third must be in writing.
Topics: Indian Contract Act
Related Questions in this Topic
- Ram promised to pay ₹ 5,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she was...
- State the various ways in which an offer lapses under the Indian Contract Act, 1872.
- Alok consigns 500 bales of jute to Aswin, who has made advance to him on such jute. Alok desires, Aswin to sell the jute...
- X and Y are husband and wife, respectively. X, by a registered document, after referring to quarrels and disagreement be...
- What is meant by 'privity of contract'? Discuss briefly the exceptions to privity of contract.