The Common Law in India - College of Social Sciences and ...

Civil Law 75Consideration may under the Act move from aperson other than the promisee. The definition expresslyso states. It has been held by the courts thatthis is a deliberate departure from the English lawwhich provides that consideration cannot lawfullymove from a person other than a promisee.The Indian law also recognises a consideration antecedentto the promise. There would be a considerationfor a promise if the promisee or any other personhas done or abstained from doing something. Pastconsideration has been held in India to be goodconsideration. The common law rule, however, isthat the promise and the consideration should besimultaneous. " The consideration must always bepresent at the time of making the promise and thereis no such thing as past consideration." 25 TheIndian law seems in this respect to have adopted therule laid down in the English case of Lampleigh v.Braithwaite decided in 1615. 26Under the Indian law consideration is necessary tothe validity of an agreement except in certain cases.An agreement made without consideration will bevalid in India if it is made out of natural love andaffection between parties nearly related provided theagreement is in writing and registered. It will alsobe valid without consideration if it is a promise tocompensate a person who has voluntarily done somethingfor the promisor or something which thepromisor was legally compellable to do. 27 If A« Ibid., p. 25.s« 1 Sm.L.C, 11th ed., 141.« Indian Contract Act, 8. 25 (1) and (2).