Question

Father promised to pay his son a sum of rupee one 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

Answer:

son has no remedy against father

Explanation:

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Answer 2

ANSWER :

No, the son can't recover the amount under the Indian Contract Act, 1872 by suing a file for recovery of the amount.

• Father promised to pay his son a sum of rupee one 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. But the son can not recover the amount under the Indian Contract Act, 1872.

According to the Section 2 (h) of the Indian Contract Act, 1872, "A contract is an agreement enforceable by law".

As social or domestic agreements are not enforceable by law, it cannot be a contract.

When the father promised to pay his son a sum of rupee one lakh if the son passed C.A. examination in the first attempt, it becomes an agreement but not a contract as it is a social agreement and not enforceable by law.

Also there must be an intention on the part of the parties to create a legal relationship between them to be a valid contract. An agreement of pureply social or domestic nature doesn't contemplate legal relationship and as such they are not contract.

• The above reasons site that the promise between the father and son doesn't make any contract between them. Hence, when the father fails to pay the amount while the son passed C.A. examination in first attempt, the son cannot recover the amount by suing a file under the Indian Contract Act, 1872.