Trace Your Case

Categories
CONSIDERATION

Chappel & Co v. Nestle

ISSUE:

Can the toffee wrappers be constituted as good consideration for the purchase of the records?

RULE:

Consideration for a promise need not be sufficient as long as it constitutes something.

In this case, Nestle encouraged the sale of their sweets by putting this advertisement and so it was valuable to them.

Subscribe to Read More.
Login Join Now
Categories
CONSIDERATION

Lalman Shukla v. Gauri Dutt

ISSUE:

Does Lalman Shukla have the right to claim the reward that was being given to anybody who found the missing boy?

Did there exist any contract between the two parties?

RULE:

The knowledge and assent of a proposal is a must in order to convert a proposal into an enforceable agreement.

Subscribe to Read More.
Login Join Now
Categories
CONSIDERATION

Kedarnath Bhattacharji v. Gorie Mahomed

ISSUE:

Can the plaintiff and all other people interested sue the defendant for the payment of the amount subscribed.

Whether a subscription made amounts to valid consideration and is therefore recoverable or not?

RULE:

Order 1 Rule 8 of Civil Procedure- one person can sue on behalf of many people if they have interest in the same thing.

According to section 2(d) of ICA, it forms valid consideration.

Section 25 of the ICA- agreement is void if there is no consideration.

Subscribe to Read More.
Login Join Now
Categories
CONSIDERATION

Doraswami Iyer v. Arunachala Ayyar

ISSUE:

Does the involvement in repairs by the trustees according to the promise made by the defendant qualify as consideration?

RULE:

Section 2(d) of the ICA postulates that the promisee must have acted on something amounting to more than a bare promise. There must be a bargain between the two parties in respect of which consideration has been given.

Subscribe to Read More.
Login Join Now
Categories
CONSIDERATION

M.P. Sugar Mills v. State of U.P.

ISSUE:

Can the plaintiff have a cause of action under promissory estoppel?

Did the plaintiff waive his rights to a concession by accepting the action of partial exemption?

RULE:

Where the government makes a promise, even in sovereign, administrative or governmental capacity, knowing or intending that it would be acted on by the promisee and, in fact, promisee, acting in reliance on it, alters his position, the Government will be abstained to go back on its promise if it will be inequitable to do so, notwithstanding that there is no consideration for the promise and promise is in fact is not recorded in form of a formal contract as required by Article 299 of Constitution.

Subscribe to Read More.
Login Join Now