All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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27.

When at the desire of the promisor, the promisee or any other person has done or abstained from doing something or does or abstains from doing something or promises to do or abstain from doing something, such act or abstinence or promise is called a

A: Proposal
B: Consideration
C: Acceptance
D: Agreement

The answer is: B

Explanation

The correct option is B: Consideration.

According to the Indian Contract Act, 1872, consideration is defined in Section 2 (d) as follows:

"When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise."

Consideration is one of the essential elements of a valid contract. It means that both parties must get some benefit or value from the contract. Consideration can be in the form of money, goods, services, or even a promise to do or not to do something. Consideration can be present, past, or future.

For example, A promises to sell his car to B for Rs. 1 lakh. Here, A's promise to sell his car is the consideration for B's promise to pay Rs. 1 lakh, and vice versa. Both parties have given something of value to each other.

A proposal is an offer made by one party to another with a view to obtain their assent. A proposal becomes a promise when it is accepted by the other party. An acceptance is the expression of assent by the offeree to the terms of the offer. An agreement is a contract that is formed when a proposal is accepted and there is a mutual consent between the parties.

Therefore, the act or abstinence or promise mentioned in the question is not a proposal, acceptance, or agreement, but a consideration for the promise.