Question

Father promised to pay his son a sum of Rs. 1 lakh if the son passed C.A. examination in the first attempt. The son passed the examination in the first attempt, but father failed to pay the amount as promised. Son files a suit for recovery of the amount. State along with reasons whether son can recover the amount under the Indian Contract Act, 1872.

Answer 1

In this question, we are asked to tell the reasons whether the son can recover the amount under the Indian Contract Act, of 1872.

• No, the son cannot initiate a lawsuit to recover the money under the Indian Contract Act of 1872.
• If the son passed the C.A. exam on the first try, the father agreed to pay his son Rs. 1 lakh. The kid passed the exams on the first attempt, but the father failed to pay the sum as promised. Son brings a lawsuit to get the money back. However, the Indian Contract Act of 1872 prevents the son from getting his money back.
• The Indian Contract Act, of 1872 states in Section 2(h) that "A contract is an agreement enforceable by law."
• It is not a contract because social or domestic agreements are not legally binding.

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Answer 2

No, the son cannot recover the amount under the Indian Contract Act, of 1872.

• A contract according to the Indian Contract Act, of 1872 is a written or spoken agreement, particularly one relating to business, sales, or living, that is aspired to be enforceable by law.
• In the given question even though the Father promised to pay his son a sum of Rs. 1 lakh if the son passed the C.A. examination on the first attempt but it was not enforced by law.
• It was just a domestic agreement and not a legal contract because domestic agreements are not in the domain of contract thoroughly.
• But, parties' position in a domestic or social relationship may arrive at an enforceable contract only if they plan their agreements to have legal consequences whereas, in the given question there were no agreements pertaining to having legal consequences.

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