Home / Volume 5, Issue 4 / Reviewing the redundancy of Doctrine of Consideration in… Open access · CC BY-NC 4.0
Research Paper Volume 5 Issue 4 1182 - 1192 August 12, 2022

Reviewing the redundancy of Doctrine of Consideration in the Indian Contract Act, 1872 with special reference to 13th Report of Law Commission

Lead author · Corresponding
Hiya Jitendra Gandhi
Student at Kirit P. Mehta School of Law, NMIMS, Mumbai, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.113454
Abstract

Doctrine of Consideration has been a central principle in the Indian as well as the English Law. As per Section 10 of the Indian Contract Act, 1872, consideration forms an essential element to constitute a valid and legally enforceable contract. Any contract devoid of consideration is said to be void since the legal intention of the parties to enter into the contract cannot be determined sans consideration. Nonetheless, consideration must always move at the desire of the promisor. This was established in the landmark Indian case of Durga Prasad v. Baldeo and Ors. (1881). However, in contemporary times the Doctrine of Consideration is becoming redundant. Thus, this study aims to highlight the importance of the Doctrine, its redundancy and the reformations suggested by the 13rh Report of the Law Commission. Several case laws have been cited for gauging the concept of Doctrine of Consideration and its redundancy better.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1182 - 1192
DOI: https://doij.org/10.10000/IJLMH.113454
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue III now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us