Agreement Can Be Made Without Consideration
Thus, if B was treated during his illness, but refused to accept A`s payment; When FreundeA gratefully promises to pay 1000 us-euro to B`s son D, the agreement between A and D is cancelled for lack of consideration, as it does not fall under this exception. For example, in the case of Scammell and nephew v Ouston, the parties entered into an agreement whereby Scammell had to deliver a van for $286 on HP terms of more than 2 years and Ouston would exchange its former carrier for $100. There were disagreements and Scammel refused to deliver the carrier. It was found that there was no certainty as to the terms of the agreement. Although there was an agreement on the price, there was no agreement on HP`s terms and conditions as to whether it would be possible to guess in weekly or monthly increments, or how much the payments would be. If one person assumes responsibility for another`s promise to contribute to charity, then the contract is valid. In this case, the rule of non-consequence does not apply. www.preservearticles.com/2012012621491/exceptions-to-consideration-no-consideration-and-no-contract.html If you accept an offer, do so as soon as possible, as it can be revoked at any time until you accept it. Once you agree, the contract is legally binding and cannot be amended or revoked. This first exception stipulates that an agreement can be written and recorded, but such an agreement should be made out of love and affection. In addition, in an agreement, the parties should be close to their loved ones. But who is this close relative? What is natural love and affection? The close relative meaning, even if not specifically defined, includes those that are bound by blood and marriage, and natural love and affection is the degree of love and instinctive affection between the parties that are almost related. A and B are brothers.
According to his will, after his death, his father A appointed the sole owner of his property. B files proceedings against A to assert his right to property, but loses the case. A and B reach a reciprocal decision in which A agrees to transfer half of the assets to his brother and to record a document of this action. Finally, A failed to live up to his promise and B filed a lawsuit to recover his interest in the property. The court found that, because the agreement was based on natural love and affection, that no consideration was applicable and that John had the right to recover his share. Radhakrishna Joshi/ Syndikatsbank, in this case was lent to the defendant`s son under the autonomy regime, the father executed corporate documents and admitted. He was held responsible, even though he was not a guarantor. The case was considered exceptional because nature requires parents to take care of the children. There were also reflections because he bought peace from his family by saving the estate of his sons.
The gift, offered by a donor and the recipient, will be valid without consideration. Therefore, no consideration is required in the gift agreements. In Vasant Rajaram Narvekar v Ankusha Rajaram Narvekar Mother`s gift to her underage son with the right to property until his life. The son kept it with his father and did not refuse to reach the majority. Thus accepted and irrevocable. A contract without consideration is non-applicable because it is legally unenforceable. Read 3 min Ranganyakamma v. K S Prakash , A power of attorney was executed by a sister who obtained her right to participate in a common family property for the benefit of her brother on the signs of Re 1, but out of love and affection for the brother also allows the brother to enter into a divisional agreement on his behalf.
The document was written and recorded. It was bound by its promise, for it was fully covered by the exception.