Question 1 (b)

Consideration from a third person

6.25 marks

Time to write
About 12 minutes

From an older CBCS paper

Question

Question 1 (b) · 6.25 marks

Consideration may move or flow from the promisee or from any other person. Elucidate.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6.2 marks

Read from the question

  • ElucidateA statement to explain: say what it means first, then build the answer around it.

What the paper leaves open

The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks. Marked as one question of 18.75 marks; answered here in 3 parts of 6.25 marks each (marks inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Consideration from the promisee or any other person 6.2 marks 10 min
  3. Check: every ask answered, key terms underlined 1 min

Try it first. About 12 minutes for 6.25 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Consideration from the promisee or any other person. The statement is correct.

  • The rule: section 2(d) counts as consideration an act or abstinence done at the promisor's desire not only by the promisee but by any other person. A promise is therefore enforceable even though the promisee personally gave nothing for it.
  • Its limit: the promisee must still be a party to the contract. In India a person may be a stranger to the consideration, but not a stranger to the contract.
  • Example (our own): a grandfather gifts a flat to his grandson Raghav, who in return promises the grandfather's widowed daughter, Raghav's aunt, ₹15,000 a month for life, in a deed to which she is a party. The aunt gave nothing herself; the consideration (the flat) came from the grandfather at Raghav's desire. She can sue Raghav if he stops paying.
  • Authority: this is the rule the court applied in Chinnayya v. Ramayya, where the promisee recovered although the consideration for the promise had come from a third person.

Where the 6.25 marks sit

#ComponentMarks
1Consideration from the promisee or any other person6.25
Total6.25
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