Saturday, April 12, 2014

Q. Define consideration, when consideration or object of an agreement unlawful. (2003)

Consideration

Q. Define consideration, when consideration or object of an agreement unlawful. (2003)
1. Introduction:
Consideration
 is used in the sense of quid pro quo (somethingin return). In other words consideration is a reward accepted or given in return for the promise. A promisewithout consideration is no contract and is not enforceable.Consideration should be good and valuable.
2. Definition of
 consideration:
Contract act sec 2. Defines
 consideration in the following words. “When at the desire of promise the promise or any other person has done or abstained from doing, or does or abstain from doing, or does or abstains from doing or promises to do or abstain from doing something such act, or abstinence or promise is called the consideration for the promise.”
According to Pollock
“Consideration
 is the price for which promise of another is bought.”
According to David
“Consideration
 is some benefit received by party who gives a promise or pertormance of an act.”
3.
 Illustration:
Rabia agree to sell her car to Ali for Rs. 3 Lack. Now Ali promise to pay such amount is
 consideration for Rabia’s promise. 
4. Types of
 consideration:
Following are three types of
 consideration:
(a) Past
 consideration
When an act has already been done and subsequently
 a promise is made to pay remuneration for that act, the consideration for the promise is past .
(b) Present
 consideration
If the consideration is given at the same time when the contract is made it is called present consideration.
( c) Future
 consideration
If the consideration is given if a later date after making the contract it will be vcalled future consideration.
5. Essentials of
 consideration:
(i)
 Consideration should be given by the promise.
(ii) It should be lawful.
(iii) It should be given at
 the desire of the promiors.
(iv) It may be past, present or future.
(v) It may consist of an act or abstinence.
(vi)
 Consideration must be real.
(vii) It need not be adequate.
6. Exceptions:
It is a fact that without
 consideration an agreement is void but it has following exception.
(I) Love and affection:
If an agreement is made between parties for natural love and affection
 consideration is not necessary.
(II) Contract of agency:
No
 consideration is required to create agency.
(III) Voluntary services:
In case of compensation for voluntary services there is no
requirement of consideration.
(IV) Time barred debt:
Where an agreement is
 a promise made in writing and signed by the person to be charged to pay a debt of which the creditor might have enforced payment but for law for the limitation of suits.
(V) Contract under seal:
Under the English law a contract made in form of a dead under seal is valid even though it is made without
 consideration.
(VI) Extension in time limit:
There is no need of any
 consideration if agreement is made to extend time for enforcement of the contract.
7. Un-lawful
 consideration:
According to sec. 10 of the contract act.
“An agreement is a contract enforceable only if it is made for a lawful
 consideration and which a lawful object.”
8. Causes of unlawful
 consideration:
According to sec 23. The
 consideration or object of an agreement is unlawful in the following cases.
(I)
 Prohibited by law:
If the object of a agreement is
 prohibited by law agreement will be void.
(II) Element of fraud:
If there is element of fraud in the object of agreement, 
the consideration will be unlawful.
(III) Immoral:
If case of immoral, the
 consideration will be unlawful.
(Iv) against public policy:
If the object of
 consideration of an agreement as opposed to public policy, the consideration will be unlawful.
(v) Injury to other person or property:
If the object or
 consideration of agreement is to cause an injury to the person or property of another is illegal and void.
9. Conclusion:
To conclusion it can be said, that
 consideration is one of the essential element of valid contract. An agreement without consideration is void. However sec 23 contains some exceptions when the agreements even though they are made without consideration are enforceable and valid.

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