Query under Contract Act n specific relief act
anuja
(Querist) 04 March 2011
This query is : Resolved
hiiiiiiii,
i hv a query..... if a person has promised to pay some amount as voluntary subscription n derafter backz off... will he be liable to pay dat subscription evn thgt its voluntary in nature?????additionally if derz ne case law which supports ur ans can nebdy gv me dat???
Raj Kumar Makkad
(Expert) 04 March 2011
Only lawful debt can be recovered legally so in the given matter, voluntary donation or subscrippion is not lawful debt hence it can not be enforced by way of law as such no citation is available.
It is made clear that if such organization to which such subscription was promised and on the basis of such promise, such organization incurred some amount or executed any plan in that case such promisor is liable to pay.
malipeddi jaggarao
(Expert) 05 March 2011
As per Indian Contract Act, Agreement without consideration, void, unless it is in writing and
registered, or is a promise to compensate for something done, or is a
promise to pay a debt barred by limitation law. The following illustrations will clear your doubts:
(a) A promises, for no consideration, to give to B Rs. 1,000.
This is a void agreement.
(b) A, for natural love and affection, promises to give his son,
B, Rs. 1,000. A puts his promise to B into writing and registers it.
This is a contract.
(c) A finds B's purse and gives it to him. B promises to give A
Rs. 50. This is a contract.
(d) A supports B's infant son. B promises to pay A's expenses
in so doing. This is a contract.
(e) A owes B Rs. 1,000, but the debt is barred by the Limitation
Act. A signs a written promise to pay B Rs. 500 on account of the
debt. This is a contract. (f) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A's
consent to the agreement was freely given. The agreement is a
contract notwithstanding the inadequacy of the consideration.
(g) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A
denies that his consent to the agreement was freely given.
The inadequacy of the consideration is a fact which the Court
should take into account in considering whether or not A's consent was
freely given.
