Agreement Without Consideration Example
www.preservearticles.com/2012012621491/exceptions-to-consideration-no-consideration-and-no-contract.html i) If the agreement is written – This type of agreements are written and are recorded by law and are made because of the natural love and affection between the parties. The parties concerned should be close to each other. In the case, Curie v. Misa the term was defined, “A valuable reflection within the meaning of the law may exist either in one right, interest, leniency, prejudice, loss or liability, given, suffered or assumed by the other.” 25. Agreement without consideration, unless it is written and registered or if it is a commitment to compensate something made or is a commitment to pay a debt prohibited by rents example: A instructs the child of B at the request of B. After six months, B agrees to pay at the sum of 600 euros/- for his teaching. For B`s promises, A`s services are considered past considerations. (f) A agrees to sell a horse worth 1,000 to 10 Rs. A has freely accepted the agreement. The agreement is a contract despite the inadequacy of the counterparty.
In Rajlukhy Dabee v. Bhootnath Mookkerjee, the accused promised to pay his wife a fixed amount of money each month for a separate stay and alimony. The agreement is written and was tainted in a recorded document stating some disputes and disagreements between the two. The court refused to consider the agreement under this exception, as the agreement was not formed out of love and affection, as indicated by the recorded document. While a deal may seem unfair in hindsight, the court will generally not determine whether the value of the consideration is proportionate. The exception is when the gap is so large that it is in bad faith. In this case, the court may find that the contract is unsured because the party who offered the consideration of a much lower value acted unfairly. A promise to pay for a previous voluntary service is mandatory and these agreements do not require an exception. Services need to be provided on a voluntary basis. For example, if A B supports, son and B promises to pay the expenses of A. It`s a contract.
when he realized that B had a legal obligation to support his grandson.