"Past consideration is no consideration". Comment

"Past consideration is no consideration". Comment

Expert Solution

Past consideration : The words '' has done or abstained from doing '' [ as contained in section 2 (d)] are a recognition of the doctrine of the past consideration. in order to support a promise , a past consideration must be moved by a previous request. It is the general principal that consideration is given and accepted in exchange for the promise.The consideration,if past,may be the motive but cannot be the real consideration of a subsequent promise.But in the event of the service being rendered in the past at the request or the desire of the promisor ,the subsequent promise is regarded as an admisssion that the past consideration was not gratutous.

"Past consideration is no consideration": consideration must be "executory" or "executed", but not "past"; that is, consideration must be supplied in the present or in the future, but things done beforehand cannot be good consideration

Example : 'A' performed some services to 'B' at his desire.After a week,'B' promises to compensate 'A' for the work done by him.It is said to be present considerstion and A can sue B for recovering the promised money.

ekkarill92 answered 2 years ago

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