Confusion Over Consideration in Contract Law
contract cuet_pg advanced doubtYaar samajh nahi aaya, please help. I'm stuck on this CUET PG Law question. In contract law, what's the difference between 'benefit' and ' detriment' as forms of consideration? Kya dono hi consideration ka same concept hain?
Rohinton Firma vs Shahnaz Hoosen (1971) - in this case, the Court of Appeal said that a benefit can be a valid consideration if it's conferred directly on the promisor. But, in some other cases, I've seen the courts saying that a detriment is necessary for a valid consideration. Lagta hai kya dono hi ek dusre ki baajay hain?
Please help me understand how consideration works in contract law. Is it benefit, detriment or both ki zaroorat hai?
2 Comments
Maine toh iss baat par sachmuch vivaad ki zaroorat nahin samajta. Agar main koi vartika banata hoon, toh isme consideration ka dhyan toh dena zaroori hai. Lekin agar donon parties ek dusre ko janaati hain ki ve ek contract banane ke liye tay hai, toh unka consideration karna zaroori nahin hai. Yah court ka faisla hai ki kaise hoga.
Bhai, I'm with you on this one. Consideration in contract law is super tricky! From what I understand, it needs to be something of value (not necessarily money) exchanged for something else of value. But here's the thing - does it have to be present consideration? Can't we have past consideration (e.g., a gift before the contract)? Discuss