Question 1 OR (a) part i
A stranger to consideration who is a party to the contract
4 marks
- Time to write
- About 8 minutes
- Notes
- Crux notes
Question
Question 1 OR (a) part i · 4 marks(OR)
Comment critically on each of the following:
A stranger to consideration can sue provided he is a party to the contract.
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
- (a)–(i)2 items, each marked on its own: give each its share.
- criticallyBoth sides: the strengths, the limits, then your own view.
What the paper leaves open
Marked as one question of 12 marks; answered here in 3 parts of 4 marks each (marks inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Consideration from the promisee or any other person 2 marks 3 min
- 2 Chinnaya v. Ramayya 2 marks 3 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.
Try it first. About 8 minutes for 4 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.
(i) Comment. The statement is correct. Under section 2(d) the consideration may be furnished by the promisee or any other person, so the consideration need not move from the promisee himself; a person who is a party to the contract may sue on it even though the consideration came from someone else. An old lady gifted her property to her daughter with a direction to pay an annuity to the maternal uncle, and the daughter agreed in writing with the uncle to pay it; when she did not, the uncle recovered it, though the consideration had moved from his sister. This is the leading case of Chinnaya v. Ramayya, which settled that consideration may move from a third party. What a stranger to the contract cannot do is sue on it.
Where the 4 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Consideration from the promisee or any other person | 2 |
| 2 | Chinnaya v. Ramayya | 2 |
| Total | 4 |
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