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

  • Hiya Jitendra Gandhi
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  • Hiya Jitendra Gandhi

    Student at Kirit P. Mehta School of Law, NMIMS, Mumbai, India

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1182 - 1192


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