Plagiarism Scan Report

Summary
Report Genrated Date 24 Nov, 2017
Plagiarism Status 89% Unique
Total Words 469
Total Characters 2791
Any Ignore Url Used

m
Content Checked For Plagiarism:

co
Comparison O The Indian Law And The English Law:
Consideration need not be Adequate in English Law- In English law a contract under seal is
en orceable without consideration. In the words o Anson, “English law recognizes only two

s.
kinds o contracts, the contract made by deed that is under seal, which is called a deed or
specially and the simple contract”.

l
The consideration which may be executed or executor but not past need not be adequate
oo
to the promise, because the English law only requires a detriment to support a promise. It
does not insist upon this detriment being equivalent in value to the promise made. It has
been held in English law that the detriment involved in leaving o f a vicious habit like
T

chewing tobacco, would be a su ficient consideration to support a promise (read Hamer v.

Sidway). Cases are also on record where the parting with property by a person or however
eo

short a time has been held to be a detriment and su ficient consideration to support a
promise. Again, the surrender o a document, ound to be not en orceable at law, has
been held to be a su ficient consideration or a promise to pay £10,000.15 As the saying
lS

goes “A pepper corn may be a good consideration or the release o £ 100.”

Exceptions To Rule “No Consideration No Contract”:
A contract under seal means a contract which is in writing and which is signed, sealed and
al

delivered. The Indian law o contract does not recognize such contracts without adequate
consideration. But according to Section 25 o the contract Act 1872, certain exceptions are
m

recognized:
1. Contract with blood relatives on the basis o natural love and a fection.
2. Contract to compensate or past voluntary service.
S

3. Contract or the payment o a time barred debt.

4. Contract to give something as gi t.
5. Contract to remit something.
6. Agency contract.
7. Donation contracts

Conclusion:
Even though, the consideration must be adequate in order to make a contract en orceable,
adequacy does not essentially mean that the contract price should de initely be same or
more than the air market value o the property; instead, or consideration to be
"adequate", the agreed consideration must only approximate the market value su ficiently,
so that the conscience o the Judge is not o fended. Adequacy o the consideration is
generally valued as o the parties' entry into the contract, not at the time or per ormance
or at the time o trial. I the adequacy o the consideration is measured at any other time,
it would deprive the buyer o the bene it o his bargain. Thus, adequacy o consideration
re ers to the airness o a a bargain. Normally a court will not question the adequacy o
consideration. But in any case, the rules or consideration must be ollowed while raming
a contract.

Report generated by smallseotools.com

m
co
l s.
T oo
eo
lS
al
m
S