In the following cases the agreement would be enforceable even though they are made without consideration.
Exceptions to the Rule of Consideration
(Sec. 25) In the following cases the agreement would be enforceable even
though they are made without consideration.
(1) Love and affection:
An
agreement without consideration is enforceable, if
- it is made out of love and affection;
- the love and affection is natural because the parties
are so related to each other;
- the agreement is in writing;
- the agreement is registered under law.
(2) Compensation
for voluntary services: “If it is a promise to compensate, wholly or in part, a person who has already voluntarily done
something for the promisor, or something which the promisor was legally
compellable to do.”
(3) Promise
to pay a time barred debt: If it is a promise, made in writing and signed by the debtor or his agent
to pay wholly or in part a debt which is barred by the limitation.
(4) Contract
of Agency: Sec. 185 provides “No consideration is necessary to create an agency.”
(5) Gift
already Made: (Sec. 25) “Nothing in this Section shall affect the validity, as between the donor and
donee, of any gift actually made.”
Tags : Business Environment and Law-Law Of Contract (Indian Contract Act 1872)
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