Law

It must be given only at the desire of the promiser

An act constituting consideration must have been done at the desire of the promiser. Thus an act done at the desire of the third party or without the desire of the promiser cannot constitute a valid consideration.

If “A” does any act without the desire of “B” or without B`s offering , it will not be amount to consideration. There should be proposal for an acceptance for an acceptance to follow and then , when the other person does something is consequence of such a proposal , acceptance would be valid and such an act or forbearance of doing or not doing something will be consideration.

FOR EX>>>

A`s son is lost and B goes in search of him. Can B claim remunation from A for these three consideration

1. If B does this act reluntarity

2. If B does this act at the request of A

3. If B does this act at the request of C

VOLUNTARILY -> B cannot claim remuneration from A because HE HAS DONE AT a`S REQUEST

DOES WORK AT THE REQUEST OF a--à b CAN CLAIM remuneration from A coz he has done at the request of of A

B DOES AT THE REQUEST OF Cà b CANNOT CLAIM REMU FROM a COS HE HAS NOT DONE AT A`S REQUEST.

Case STUDY

Once there was an empty plot. Collector asked the builder to build the shop on the empty plot. Builder built the shop but collector paid niominal price for the shopsto the builder. Collecetoer had asked the builder to collect theremaining money from the shop keepers who would occupy the shops. When the shops were sold to the shopkeepers then the builder had asked them the money. Shopkeepers refused to give the money. Then the builder had filed the case against the shopkeepers. The judgment favored the shopkeepers because the builder had built the shops at the request of the collectors and not at the desire of the shopkeepers.