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Question
LEGAL PRINCIPLES:
1. Consideration must be of value in the eyes of law.
2. Consideration is not real if it is illusory.
FACTUAL SITUATION: Arjun received a summons to appear at a trial as a witness on behalf of Bitu, the accused. Bitu promised to pay him a sum of ₹1,000 for his trouble. On default by Bitu, Arjun filed a suit to recover the said sum. Will he succeed?
DECISION:
Options
No, as the consideration is of no value in the eyes of law.
Yes, as the contract is supported by consideration.
No, as there is no consideration for the premise.
Yes, as he appeared before the court only after Bitu agreed to pay him the amount of Rs. 1,000.
Solution
No, as the consideration is of no value in the eyes of law.
Explanation:
Arjun cannot file a suit for recovery because it is not maintainable in the eye of law.