Consideration ð°
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 ð
- At the desire of Promisor: If you help me voluntarily (without me asking), you cannot demand payment later. (Durga Prasad vs Baldeo).
- From Promisee or any other person: Even a stranger can pay consideration. (Chinnaya vs Ramayya).
- Executed or Executory: Can be past, present, or future.
- Real, not Illusory: Must have some value. Cannot be "I will make you happy".
- Need not be Adequate: Even selling a âđ1 Crore house for âđ10 is valid if consent is free.
Exceptions (Contract without Consideration is Valid) ð
- Natural Love & Affection: Written & Registered agreement between near relatives.
- Compensation for Past Voluntary Service.
- Time-Barred Debt: Written promise to pay old debt.
- Agency: No consideration needed to create agency.
- 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! ðŊ
Test Your Knowledge
Question 1 of 5
1. Quid Pro Quo means:
ðĄ Final Wisdom: "Love is priceless, but in law, even love needs a registered document to be a valid consideration!" âĪïļð
Next up: Performance of Contracts - Doing the job! ð ïļ
