Mr. A developed a shopping mall at Mumbai, at the request of Mr. B, who is a Municipal Corporator. Mr. C makes an agreement to pay Rs. 2,50,000. Mr. A accepts the proposal of Mr. C. Is this an agreement or a contract, justify?
1. At the request of the Mr. B (the Municipal Corporator), Mr. A build/developed a shopping mall, in Mumbai.
2. An agreement to pay Rs.2,50,000 is made by Mr. C.
3. The proposal by Mr. C, regarding the same is accepted by Mr. A.
4. There is no established act of promise/agreement or any other consideration/transactional relation between Mr. B & Mr. C
5. Mr. C is altogether, a third party in the agreement between Mr. B and Mr. A.
6. The Act was the result of not the promise but the Municipal Corporator’s request.
Answers
Explanation:
promisorIn this set case Mr. A developed a shopping mall at Mumbai with the prior request ofMr. B who is a municipal corporater. Mr. C makes agreement to pay Rs. 2,50,000and Mr. A accepted the proposal of Mr. C.Case : Durgaprasad V/S BaldeoIn this case Mr. Durgaprasad constructed the market under the direction of municipalcorporater. market allotted to various person, Mr. baldeo was one of them. He madean agreement that he will pay commission to Mr. Durgaprasad for the land allotmentin the market. But after this agreement Mr. Baldeo failed to pay money to Mr.Durgaprasad hence Durgaprasad filed a case against baldeo.Judgement :As mentioned above A developed a shopping mall at Mumbai at the request of Bwho is a municipal corporater C agree to pay Rs.2,50,000 to A as mentioned in theabove case C is the stranger between A and B so there is no valid considerationbetween A and C because U/S 2 (D) anything is done voluntarily, there is no lawfulconsideration.CASE STUDY : 2
[LAW CASE STUDIES]November 10, 2013There is a constant quarrel between Ankita and Aniket due to whichthere is a marital discord between two. As a part of settlement thehusband agrees to pay sum of Rs. 50,000 per month as maintenanceallowance of his wife. Provided she stays separately. Does the wife hasa claim to get that amount.Ans :The given case is under the chapter of consideration, which means the promisesexecutes the work at the desire or under the direction of the promisor. Considerationis essential for the validity of an agreement i.e. in other words an agreement madewithout consideration is void. However section 25 (1) that is natural love andaffection; deal with the exception of this rule.In this set case there is a quarrel between Ankit and Ankita due to which there is amarital discord between two. As a part of settlement the husband agrees to pay forthe maintenance allowances to his wife provided she stays separately.Case : Rajlucky V/S BhootnathAn agreement was entered into by a husband with his wife during quarrels anddisagreements, whereby the husband promised to give some property to wife. Butafter this he refused to perform the action and here the agreement was held to bevoid.Judgement :As mentioned above an agreement was entered in to by a Ankit with his wife Ankitaduring their quarrels, whereby the husband agrees to pay the maintenanceallowances to his wife provided she stays separately.