The question (13 marks)
"An agreement made without consideration is void." Examine this rule, state the exceptions to it, and explain the doctrine of privity of contract as applied in India. (13 marks)
MU Module II; pack ch. 02 (consideration, s. 25 exceptions, privity)
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Enforceability and free consent of Law of Contract and Specific Relief.
Authorities you will need
- Indian Contract Act 1872, ss. 2(d), 10, 25 with Explanations 1 and 2
- Rajlukhy Dabee v Bhootnath Mookerjee (1900) 4 Cal WN 488
- Bhiwa v Shivaram (1899) 1 Bom LR 495
- Ram Charan Das v Girja Nandini Devi
- A.V. Murthy v B.S. Nagabasawanna (2002) 2 SCC 642
- Motilal Padampat Sugar Mills Co Ltd v State of Uttar Pradesh
- Chinnaya v Ramayya (1882) ILR 4 Mad 137
- M.C. Chacko v State Bank of Travancore
- Nawab Khwaja Muhammad Khan v Nawab Hussaini Begum (1910) 37 IA 152
- Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915) AC 847
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.