CASE STUDY : 7
Harish says in conversation to Suresh that he will give Rs.10,000 to a
person who so ever marry his daughter. Alok marries harish daughter
and files the suit to recover Rs.10,000 will Alok succeed?
The given case is under the chapter of consideration which means which means the
promises executes the work at the desire or under the direction of the promisor
In this set case Harish shows his wish to give away a good amount to the person
who will marry his daughter. Alok marries his daughter and files a suit to recover the
amount as Harish refuses to pay.
Case : Durgaprasad V/S Baldeo
In this case Mr. Durgaprasad constructed the market under the direction of municipal
corporater. Market allotted to various person, Mr. baldeo was one of them. He made
an agreement that he will pay commission to Mr. Durgaprasad for the land allotment
in the market. But after this agreement Mr. Baldeo failed to pay money to
Mr. Durgaprasad hence Durgaprasad filed a case against baldeo.
As mentioned above Mr.hairsh clear his wish to pay the amount who so ever marries
his daughter. Here Mr.harish just expressed his wish and it was a voluntarily action
taken by Harish. The Indian law says as per the Section 2 (D) anything is done
voluntarily, there is no lawful consideration. To have a legal consideration,
consideration must move at the desire of the promisor here there harish just
expressed his wish therefore it cannot be a consideration hence there is no contract
made in this case
Therefore Mr.Harish need not have to pay certain amount to Mr.Alok.