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Thursday, 8 March 2012

DIFFERENCE BETWEEN INDIAN LAW AND ENGLISH LAW REGARDING CONSIDERATION

1. In India consideration may move from the promisee or any other person. But under English Law the consideration must move from the promiser. In other words, a stranger to consideration can sue in India but not in England.


2. In England, consideration may be present or future. But in India past consideration can be a good consideration and will support a subsequent promise.


3. In England, consideration means something of some value in the eyes of law moving from the promisor. Nature love and affection is not sufficient in the English law to support a contract. In India, natural love and affection is considered to be a good consideration and may support a contract if it is in writing and registered.


4. Under the English law, contracts are divided into formal contracts and simple contracts. A formal contract is one which is in writing, signed, sealed and delivered to the other party. All other contract are simple contracts. Formal contracts do not require any consideration but simple contract must be supported by consideration. No such distinction exists in India. All contracts expect those specified in section 25 and 185 must be supported by consideration.

1 comment:

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