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CA Foundation · Business Laws · The Indian Contract Act, 1872

Farida requests her tenant Gopal to repair the compound wall of her house, and Gopal does so without any promise of payment. Two months later Farida promises in writing to pay him Rs 8,000 for the repair. Gopal sues when she refuses. What is the legal position?

The promise is enforceable. Indian contract law treats an act done earlier at the promisor's request as valid consideration, so past consideration counts. Gopal repaired the wall at Farida's request, so her later written promise to pay Rs 8,000 binds her.

  1. ANot enforceable, because past consideration is never recognised in any form in India
  2. BEnforceable, because under Indian law a past voluntary act done at the promisor's request can be considerationCorrect
  3. CNot enforceable, because the promise was made after the work and the work was not requested
  4. DEnforceable only if the promise had been registered

Explanation

Indian law recognises past consideration: an act done earlier at the promisor's desire can support a later promise. Gopal acted at Farida's request, so the written promise is supported. Option A states the English rule, which does not apply in India. Registration is not required.

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