Whenever a contract is made, there is a price associated with it. It is the value offered and accepted by people or companies. In simple terms, consideration is something in return. As per section 2(d), the definition of consideration is as follows:
“When at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such act or abstinence or promise is called a consideration for the promise."
In this article, we will simplify the above meaning of consideration in contract law and look at some of the essential elements of consideration.
Consideration Meaning in Law
Consideration is the foundation on which any contract is built. The law would enforce only those promises that are made as part of the consideration. A valid Consideration in business law must involve every party, which means that each person involved in the contract must promise to do something and also promise not to do something. Without consideration, a promise does not have any legal obligations.
Consideration is mostly referred to in monetary terms, but it could also mean a particular action or a promise to refrain from a specific action. It is a two-way street where each party must gain something valuable from the other involved parties.
Let us break down every part of the consideration definition in law:
Consideration has to move as per the desire of the promisor.
Consideration may move from the promise to another person.
Consideration might be in the past, present, or future.
Consideration does not need to be adequate.
Consideration must be real and not illusory.
Illegal or immoral acts are not considered.
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What are the Requirements of Section 2(d)?
The term consideration is defined in Section 2(d) of the Indian Constitution Act. according to section 2(d), three things are required for consideration to uphold validly, that is, the abstinence or act should be done at the desire of the promisor, the act should be done by the promise or any other person, the act should be either already executed or be in the process of being done or should be executory, that is, it should be promised to be done.
Let us explain the essential elements of consideration in detail.
Consideration has to Move as Per the Desire of the Promisor
The performance of the contract has to move as per the promisor and not any third party. The promisor doesn't need to always benefit from the consideration; it could be meant for a third party also. The significant thing is that there has to be a connection between the promisor's desire and the action of the promise. Another factor to note here is that what is done as part of the consideration is not voluntarily but at the promisor's behest. For example, if A’s house is on fire and B rushes to save it at his own will, this is not a consideration. But if A asks B to do it, then it will be deemed as a consideration.
Consideration May Move from the Person to Another Person
As per consideration in law, if the promisor has no objection, consideration may move to a third party. For example, A can grant a house on rent to B and direct B to pay it to X. If B refuses to pay it to X, then the case could move to court and force B to pay X as there is enough consideration from A to make the payment to X.
Consideration Might be in the Past, Present, or Future
Past Consideration - If the promise or act is performed before the contract was made, it is considered past consideration, and it holds good in Indian law. As an example, A’s bike ran out of petrol on the way and A requests B to fill petrol for which he agrees to pay later. So, the promise of money is made for a past consideration of filling petrol. In English law, any past consideration is no consideration.
Present Consideration – When one of the parties in the contract has performed his part of the promise, which constitutes the consideration to be performed by the other party, it is called present consideration. Let us say A lost his watch and offers to pay Rs 300 to the person who finds it. If B finds the watch and gives it to A, then A is bound to pay Rs 300 to B as part of the present consideration.
Future Consideration – When a party makes a promise in exchange for the promise from the other party and the performance of the consideration is to be done after making the contract; then it is a future consideration. For example, A promises to sell ten toy cars to B for which B is supposed to pay Rs.1000 at a future date. This is a future consideration.
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Consideration Does Not Need to be Adequate
An agreement must be supported by consideration, but the consideration doesn’t need to be equivalent to the promise. The parties are free to determine the appropriate consideration at the time of the bargain. Whether the promise is adequate or not is the lookout of the promisor and not the obligation of law or court to investigate the adequacy of the consideration. For example, if A has a property worth Rs. 50,000, which he agrees to sell to B only for Rs. 5000, then the inadequacy of the transaction does not make the contract void. But if B pleads coercion, fraud, or under influence, then the consideration will be looked into with sufficient evidence.
Consideration Must be Real and Not Illusory
The legal rules of consideration state that consideration has to be certain, definitive, and competent. It cannot be vague, uncertain, or impossible. The transaction is rendered void in such a case. As an example, if A promises to find a treasure by magic if B pays him Rs. 10,000, then this is an illusory consideration and not considered valid.
Who is Considered a Stranger to a Contract?
The contract of consideration can only be enforced upon the behest of the parties to the contract and therefore, no third party can enforce the contract upon anyone. The contract arises due to the prevalence of a contractual relationship between the two parties. According to this rule, no third party can enforce any contract, and also the contract cannot levy an obligation on any person other than those who are a part of the contract. Though, in certain cases, strangers either benefit or are involved in the contact other than the two parties. This happened in cases of the marriage settlement, land properties, and acknowledgement to the third party as per the need of the contract.