Vigneshwari Murugan 23 October 2021

Give a solution in contract law

A promise to pay a reward of rs.500 to B his close friend, if he refrains from smoking for 2 years.Is the contract enforceable-

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5 Replies

Jai Karan Nagwan (consultant) 23 October 2021

A's promise to pay the awards is as good as offer and offer lapse with the passage of time unless accepted by the promisee. so in the present circumstance, promise by A is not binding and enforceable by B

Dr J C Vashista (Advocate) 24 October 2021

It is non-enforceable void contract.

G.L.N. Prasad (Retired employee.) 24 October 2021

Academic query.

Jai Karan Nagwan (consultant) 24 October 2021

It is voidable.

minakshi bindhani 23 November 2021

As per your query!

The Indian Contract Act, 1872 itself defines and lists the Essentials of a Contract either directly or through interpretation through various judgements of the Indian judiciary. Section 10 of the contract enumerates certain points that are essential for valid contracts like Free consent, Competency of the parties, Lawful consideration, etc.

Whereas in this circumstance, there must be an intention between A and B to create a legal relation, which is essential to a contract. Hence this is not a contract in the eyes of the law. Thus, it cannot be legally enforceable, therefore it is void in nature.

Hope it is useful!
Regards
Minakshi Bindhani