Contract Law: Consideration is NOT a Sine Qua Non
contract clat_ug advanced agree_disagreeI strongly disagree with the common claim that consideration is a sine qua non of a valid contract under Indian Contract Act, 1872. The myth suggests that without consideration (either monetary or otherwise), a contract cannot be enforced. However, a closer reading of Section 25 reveals that a contract can be enforceable even without consideration in certain circumstances, such as where a benefit is conferred gratuitously or where one party has already performed his part of the agreement without seeking any return. The courts have also recognized exceptions like the 'pre-existing duty' rule, which doesn't always render a contract unenforceable. In my opinion, the consideration requirement is not an absolute necessity, but rather a principle that needs to be applied with nuance and context in mind.