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Q.According to Indian Contract Act, explain the legal provisions related with contract of Guarantee. OR According to Indian Contract Act, explain the Legal provisions related with consideration.

Rajasthan RbseRBSE Rajasthan Senior Secondary (Class-12) Commerce Board 2020Subjective· 6mImportance★★★★★
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Consideration (Section 2(d)) is 'something in return' at the promisor's desire; it must come at the promisor's desire, may be from the promisee or any other person, may be past/present/future, need not be adequate but must be real and lawful, and an agreement without it is generally void — subject to the exceptions in Section 25.

Meaning: Consideration is the price for which the promise of the other party is bought — 'something in return' (quid pro quo). Section 2(d) of the Indian Contract Act defines it as: when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such act, abstinence or promise is called consideration.

Legal provisions / essentials of valid consideration:

  1. It must move at the desire of the promisor — an act done at the desire of a third party or voluntarily is not consideration.
  2. It may move from the promisee or any other person — in Indian law a stranger to the consideration can sue, so long as he is a party to the contract.
  3. It may be past, present or future — consideration already given, given now, or promised for the future is all valid.
  4. It need not be adequate, but must be real — the law does not require equal value, but consideration must have some real and lawful value, not be physically impossible, illusory or uncertain.
  5. It must be lawful — consideration that is forbidden by law, fraudulent, immoral, or opposed to public policy, or that defeats the provisions of any law, is unlawful and makes the agreement void.
  6. 'No consideration, no contract' — as a general rule an agreement made without consideration is void.

Exceptions (Section 25) — valid even without consideration: …

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