Agreement Without Consideration Is Void Section

25. Agreement without consideration, unless it is written and recorded, either it is a commitment to replace something that has been made or is a commitment to pay a debt prescription The term “consideration” is used in the sense of “something in consideration”, that is, in consideration. An agreement without consideration is only a promise and exnudo pacto non aritio actio, i.e. cannot be held binding on the parties. Sir Frederick Pollock defined a reflection: “It is the price for which the promise of the other is bought, and the promise that is made for the value is enforceable.” If the promiser had received the consideration before the date of the promise, the consideration is qualified as “past consideration”. That is a valid thought. Thus, if B A treated during his illness, but refused to accept payment from A; Being a friend out of gratitude promises to pay ₹1,000 to B`s son D, the agreement between A and D is not valid for lack of consideration, as it does not fall under this exception. Sometimes a contract is cancelled by the court because it is not taken into consideration. This is typically the case: based on section 25, paragraph 1, the existence of natural love and affection between parties who are close to each other is a suspensive condition; Rajlukhy Dabee v. Bhootnath Mookherjee, (1900) 4 CWN 488. While an agreement may seem unfair a posteriori, the court will generally not decide whether the value of the consideration is proportionate.

The exception is when the discrepancy is such that it constitutes bad faith.