Paper 2 - 1st Semester

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INDIAN CONTRACT ACT 13 means a reasonable ee or other val enelit passed on by tho promisor to the promisee ~ or mika transferor to the transferee, ‘Similarly, whon the word “consideration” is qualified by the word “adequate”, itmakes consideration stronger so as to make it sufficient and valuable having regard to the facts, circumstances and necestities of the case. (Sonla Bhatia v. State of U.P. AIR 1981 SC 1274), ! ction 2 (d) of the Indian Contract Act defines considera; “Aion as follows —— 7 : G 2 > “When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or ‘does or’ t abstains from doing, of promises to dd or to abstain’ from doing something, such act of abstinence Or promise is called consideration far the promise.’ . Gt Fify the above definition the following examples are (1) D promise P to guarantee payment of price of the ods sold to C by P on credit, Here selling of goods \| by P to C is consideration to D’s promise. j (2) D promise P not to file a suit against him if.he pays him Rs. $00, The abstinence of D is the considera- | tion for P’s promise. | (3) A agrees to sell his car to Bfor Rs. 10,000/-. For I promise of A, the consideration is Rs. 10,000/-. For ir B’s promise, the consideration is the car. a “Consideration” Open Rules as to Consideration + ee 1. The consideration must move st the desire of the pro- misor.—In Indian Law consideration must have been done at the desire of the promisor. If it is done at the instance of © a third party or without the desire of the promisor, it is not consideration. : : He 2. At may move from the promise or any other person.— Under the English Law, consideration must move from the promise, But in Indian Law it may move from the promisee or from any other person. @ scanned with OKEN Scanner

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