History of the Doctrine of Consideration

It is the presence of consideration which distinguishes a sire from a intelligible agreement. In fact the doctrine of consideration has been incorporated in Section 25 of the Indian Contract performance. Section 2(d) of the acquit reads : When at the desire of the promisor , the heralde or any antithetic person has done or abstained from doing or compactd to do or abstain from doing anything , such act or abstinance or promise is c each(prenominal)ed a consideration for the promise. The doctrine of course has its roots in the early common law. A study of its history would pass away word that the personal bodily processs of covenant and debt argon the 2 aspects which have helped the exploitation of the doctrine. The transaction of covenant was the action which was brought upon instruments which are enforceable by the virtue of their form. After a plosive consonant of hesitation , it was settled in Edward I reign that , it was merely the sealed typography which cou ld be received as before bound , non because the sealed writing evidenced an agreement , merely because it was definitive proof that the defendant had come under a indebtedness to the plaintiff. Originally the action of debt was hardly distinguishable from another(prenominal) action of detinue.

In the course of time debt tended to become to a greater extent contractual in nature , while detinue tended to become middling more copyrighted or delictual . In fact , action of debt , like the action of covenant , was as often as not brought upon contracts ; unless as contracts under seal were supposed to be brought into commercial enterprise with a general theory of contract , by the l ying that the seal imports consideration , s! o all causes of action upon which the action of debt could be brought were... If you want to get a full essay, lodge it on our website: OrderEssay.net

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