Question 1 (b)
An agreement without consideration is void: the rule and its exceptions
6 marks
- Time to write
- About 12 minutes
From an older CBCS paper
Question
Question 1 (b) · 6 marksAn agreement without consideration is void. Comment.
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
Read from the question
- CommentA statement to judge: take a stand on it in your first line, give your reasons, and come back to it at the end.
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. The mark for this part is not legible on the copy; it is reckoned here at 6 marks, the paper's own split for its other questions.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 The rule in section 25 2 marks 2 min
- 2 Exceptions 4 marks 8 min
- Check: every ask answered, key terms underlined 1 min
Easy marks
- The rule in section 25 (step 1, 2 marks): state the rule and its section exactly. It earns its marks before you apply it to the facts.
Short on time? Cut step 2 short rather than leave anything out.
Try it first. About 12 minutes for 6 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.
The rule. The Indian Contract Act, 1872 lays down that an agreement made without consideration is void: "no consideration, no contract".
1Out of pure affection, the elders register the gift deed for their nephew at the registry desk.
Natural love and affectionA written and registered agreement made out of natural love and affection between parties who are near relatives.
2The boy had dragged the flooded godown's sacks to safety unasked—now the owner puts the promise in writing.
Compensation for past voluntary servicesA promise to compensate a person who has already voluntarily done something for the promisor.
3The debt is older than the law allows, cobwebs and all—yet the old man signs a fresh promise to pay.
Promise to pay a time-barred debtA written and signed promise to pay, wholly or in part, a debt barred by limitation.
Exceptions (s. 25 and related provisions):
- Natural love and affection: an agreement in writing and registered, made out of natural love and affection between persons closely related (s. 25(1)). Example: a father's registered written promise to transfer a plot of land to his daughter, made out of affection for her, binds him though she gives nothing in return.
- Compensation for past voluntary services: a promise to pay, in full or in part, someone who has already done something for the promisor of his own accord, or done something the promisor was legally bound to do (s. 25(2)).
- Promise to pay a time-barred debt: a written promise, signed by the debtor or his agent, to pay wholly or in part a debt barred by limitation (s. 25(3)).
- Completed gift: the rule does not affect the validity of a gift actually made (Explanation 1 to s. 25).
- Agency: no consideration is necessary to create an agency (s. 185).
- Bailment: no consideration is needed for a gratuitous bailment.
Conclusion. The statement states the general rule; it is subject to these exceptions, in which an agreement without consideration is still valid.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | The rule in section 25 | 2 |
| 2 | Exceptions | 4 |
| Total | 6 |
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