CONSIDERATION | ESSENTIALS OF A VALID CONSIDERATION | DURGA PRASAD V BALDEO | CHINNAYA V. RAMAYYA скачать в хорошем качестве

CONSIDERATION | ESSENTIALS OF A VALID CONSIDERATION | DURGA PRASAD V BALDEO | CHINNAYA V. RAMAYYA

Consideration is the benefit each party receives for entering into a contract. Each party has to promise or provide something of value to the other. Without this exchange, there is no contract. [QUID PRO QUO] Consideration includes both act and abstinence. Consideration need not be adequate, however, it must be real and not illusory. Illegal, unlawful, immoral consideration is not valid consideration. Consideration for any existing duty is not valid consideration. Consideration must move on the desire of the promisor. Hence, in Durga Prasad v. Baldeo & Ors. when the plaintiff built the market on the desire of the Collector and not the defendants, it was held to be not a valid consideration. Consideration may move from the promisee or any other person. In Chinnaya v. Ramayya consideration for the annuity of the plaintiff from her sister by way of a deed of the property in favour of the defendant.