5. Agency: Under Article 185, no consideration is required for the establishment of an agency. Explanation 1: Nothing in this section affects the validity of a gift actually made between the donor and the donor. 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. In this case, the Tribunal may find that the contract is inexorable because the party who offered consideration of a much lower value acted unfairly. If the services are provided voluntarily, without the wish of the promiser or otherwise than at his request, and the promiser undertakes to compensate the person who provided his services. In such cases, the promise does not need consideration to support it, and the matter falls under section 25 of the Act; Sindha Shri Ganpatsingji v. Abraham aka Vazir Mahomed Akuji, (1895) 20 Bom 755. (f) A agrees to sell a horse worth 1,000 for paragraph 10.
A`s agreement was given voluntarily. The contract is a contract, regardless of the insufficiency of the consideration. 25. Agreement without consideration, nullity, unless it is written and recorded, if it is an undertaking to set off something de facto or is an undertaking to pay a debt excluded by the Statute of Limitations (3) it is a written undertaking signed by the person in charge of it or by his representative, who, in that name, is, in general or in particular, authorized to pay all or part of the debts for which the creditor would have been obliged to pay, but for the law of limitation of remedies. In each of these cases, such an agreement is a contract. Example: Venkatswamy (vs) Rangaswamy (1903): Facts: By a recorded agreement, “V” promises, due to nature, love and affection for his brother “R” to pay debts to “B”. If “V” does not exonerate guilt. Verdict: “R” can exonerate him and then sue “V” to recover the amount. It is therefore a valid agreement.2.
Compensation for past voluntary service: a promise made without consideration applies when it comes to a person who has already voluntarily done something for the promiser, but without compensation. Simply put, the promise to pay for past voluntary service is binding.3. Promise to pay indebted debts: An agreement to pay a deferred debt is enforceable if the following conditions are met. The inadequacy of the examination is a fact which the Court of Justice should take into account when considering whether A`s agreement was given voluntarily or not. If you accept an offer, do so as soon as possible, as it can be revoked at any time until you accept it. As soon as you agree, the agreement is legally binding and cannot be modified or revoked. (g) A agrees to sell a horse valued at 1,000 for paragraph 10. A denies that his consent to the agreement was given voluntarily.
Contract law defines “consideration” as an answer to the question: “How do you benefit from the conclusion of this contract?” Both parties must receive compensation for the agreement to be legally binding….