Question

Solve.
X promises to donate Rs. 10,000 towards the repairs of a temple. X does not pay. Can the trustees recover the promised amount from X (a) if they have not incurred any liability on the faith of the Xs promise, (b) if they have incurred any liability on the faith of this promise.

Answer 1

Solution: Case (a)
Decision: The trustees cannot recover the promised amount from X.
Reason: The agreement is void in the absence of any consideration.
Leading case: Abdul Aziz v. Masum Ali
Case: (b)
Decision: The trustees can recover the promised amount from X
Reason: The agreement is valid because it was supported by consideration in the form of a detriment to the trustees who had incurred liability on the faith of the promise made by X.
Leading case: Kedar Nath v. Gone Mohammad.