Question 1 (a) part ii

Consideration must be present but need not be adequate

4 marks

Time to write
About 8 minutes
Notes
Crux notes

Question

Question 1 (a) part ii · 4 marks

Giving reasons, state whether each statement below is true or false:

  1. The presence of consideration is required, but its adequacy is not.

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

8 minfor 4 marks

Read from the question

  • state whether…A verdict for each (True or False), then the reason that decides it.

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

  1. Read each statement; find the word that decides it 1 min
  2. 1 Consideration required, with the s. 25 exceptions; adequacy immaterial Explanation 2 3 marks 5 min
  3. 2 Illustration 1 mark 2 min

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.

(ii)True An agreement made without consideration is void (s. 25), so consideration must be present, save in the three cases the section itself excepts: a written and registered promise made out of natural love and affection between parties in a near relation; a promise to make good, in whole or in part, to someone who has already, of his own accord, done something for the promisor (or something the promisor could be compelled by law to do); and a written promise, signed by the person to be charged or his agent, to pay all or part of a time-barred debt. A gift actually made is not affected by the rule (s. 25, Explanation 1). Adequacy is another matter: an agreement to which the promisor's consent “is freely given is not void merely because the consideration is inadequate”, though the court may take the inadequacy into account in deciding whether his consent was freely given (s. 25, Explanation 2). A agrees to sell a horse worth ₹1,000 for ₹10: if A's consent was freely given, the agreement is a contract notwithstanding the inadequacy.

Where the 4 marks sit

#ComponentMarks
1Consideration required, with the s. 25 exceptions; adequacy immaterial (Explanation 2)3
2Illustration1
Total4
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