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Consideration ๐Ÿ’ฐ

Definition (Section 2(d)): "When at the desire of the promisor, the promisee or any other person has done or abstained from doing... something, such act is called a consideration for the promise."

Latin Maxim: Quid Pro Quo (Something in return).

Rule: "No Consideration, No Contract." (Ex Nudo Pacto Non Oritur Actio).


Essentials of Valid Consideration ๐ŸŒŸ

  1. At the desire of Promisor: If you help me voluntarily (without me asking), you cannot demand payment later. (Durga Prasad vs Baldeo).
  2. From Promisee or any other person: Even a stranger can pay consideration. (Chinnaya vs Ramayya).
  3. Executed or Executory: Can be past, present, or future.
  4. Real, not Illusory: Must have some value. Cannot be "I will make you happy".
  5. Need not be Adequate: Even selling a โ‚น1 Crore house for โ‚น10 is valid if consent is free.

Exceptions (Contract without Consideration is Valid) ๐Ÿ›‘

  1. Natural Love & Affection: Written & Registered agreement between near relatives.
  2. Compensation for Past Voluntary Service.
  3. Time-Barred Debt: Written promise to pay old debt.
  4. Agency: No consideration needed to create agency.
  5. Gifts: Completed gifts.
Stranger to Contract vs Stranger to Consideration

Stranger to Consideration: Allowed. (Dad can pay fees for Son). Stranger to Contract: NOT Allowed. (Neighbor cannot sue on your contract).


Quiz Time! ๐ŸŽฏ

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๐Ÿ’ก Final Wisdom: "Love is priceless, but in law, even love needs a registered document to be a valid consideration!" โค๏ธ๐Ÿ“œ

Next up: Performance of Contracts - Doing the job! ๐Ÿ› ๏ธ