A promised B to pay a sum of Rs. 10,000/- for temple renovation. But ‘A’ refused to perform his promise. Can B recover the amount from ‘A’? Give reasons.

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Answer:

B cannot recover the amount from A as the promise by A to pay a sum of Rs. 10,000/- for temple renovation is a contract without consideration and hence void as per Sec. 25 of the Indian Contract Act.

 

On the promise of payment of Rs. 10,000/- by A to B, only if B has taken some steps towards the temple renovation, then the contract is enforceable to the extent of the amount incurred as an exception to the rule that a contract without consideration is void.

 

The facts of the case resemble Abdul Aziz Vs. Masum Ali, (1914) 36 All 268, wherein the Court held that in a promise to give certain sum of money as donation towards the construction of a mosque building, if no steps were taken by the donor towards the construction, then the agreement was invalid, as there was no consideration for the agreement.

Last Updated On January 29, 2018
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