Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called a consideration for the promise.

FACTUAL SITUATION: A daughter promises to give maintenance to her uncle in consideration of her mother making a gift of certain properties to her. The daughter pleads a lack of consideration when the uncle seeks to enforce the contract. She says that the uncle is a stranger to the consideration and so he cannot enforce the contract. The daughter

DECISION:

Options

• Will succeed because uncle being a stranger to the consideration cannot enforce it

• Will not succeed because uncle is a near relative and in such cases, consideration is not necessary

• Cannot succeed because consideration might from any person

• None of the above

Answer 1

Cannot succeed because consideration might from any person

Explanation:

As per Indian position consideration may move to any person which is different from common law in which consideration moves only to parties to the contract she will not succeed because consideration might come from any person. Hence Cannot succeed because consideration might from any person is the correct answer.