A and B are friends. B treats A during A’s illness

CASE STUDY : 4

A and B are friends. B treats A during A’s illness but does not accepts
payment from A for the treatment and A promises B’s son X to pay him
Rs. 1000. A being poor is unable to pay. X sues A for the money can X
recover.
Ans :
The given case is under the chapter of consideration where the agreement between
X and A are not in the contract in the absence of consideration. The agreement can
be call it as contract if there is a consideration present in contract between 2 people.
In this case B treats A during his illness but it’s not a valid consideration since it is a
voluntary action performed by Mr. B
Judgement :
The agreement between X and A is not the contract in the absence of a
consideration. In this case X father B voluntarily treat A during his illness apparently
it is not a a valid consideration because it is voluntary, whereas consideration to be
valid must be given at the desire of the promisor under section 2(D) if it is a promise
to compensate a person who has voluntarily owe something from the promisor, as
per the exceptions the promisor must be to compensate a person who has himself
done something from the promisor and not to a person who has done nothing to the
promisor as the son X to whom the promisor was made did nothing for A so A’s
promise is not enforceable even under the exception.
Therefore X cant not recover the money from A

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