Father promised to pay his son a sum of Rs.100,000 if the son passed his CA examination in the first attempt.
The son passed the examination in the first attempt but father failed to pay the promised amount.
Son filed a suit for recovery of the amount.
State, along with reasons, whether son can recover the amount under the Indian Contract Act, 1872.
No, because while entering into the contract there was no intent to enter into a legal relationship. (This qs appeared in PE-II law exam in May 2005, you can check suggested Qs&Ans for the same).
i think he prefers to check us before his study
as it is all personal and no legal relationship he cannot file a suit against his father.
Firstly i would like to say very very good question.. hahahahha
As per the indian contract act,1872.
Consideration is required. So, as per law there is no benefit to the second party.
If son passed his in first attempt . father will not get any beneift
So he cant suit against him
As well as its a social contract and social contract is not covered by indian contract act,1872
| Originally posted by :Ruchika Gupta | ||
| " | No, because while entering into the contract there was no intent to enter into a legal relationship. (This qs appeared in PE-II law exam in May 2005, you can check suggested Qs&Ans for the same). | " |
Ruchika Gupta was right!
i checked out the answers. It had the same solution. Thanx
since no intention is there to creat legal enforceability, hence, it is not a contract a the very first place, no question of filing suit.........
It's not enforceable by law, it's mutual understanding between father and son and also natural love and affection, it's void from the begining ''ABINITIO",
As per the indian contract act,1872.
Consideration is required. So, as per law there is no benefit to the FATHER.
If son passed his in first attempt . father will not get any beneift
So he can't suE his father.
As well as its a social contract and social contract is not covered by indian contract act,1872.
| Originally posted by :Dave | ||
| " | Father promised to pay his son a sum of Rs.100,000 if the son passed his CA examination in the first attempt. The son passed the examination in the first attempt but father failed to pay the promised amount. Son filed a suit for recovery of the amount. State, along with reasons, whether son can recover the amount under the Indian Contract Act, 1872. |
" |
i need a case study on indian contract act
since there is no intention to create legal relation ship it is not enforceable
CAclubindia
