Every contract requires consideration — a benefit to the promisor or detriment to the promisee — which must be real but need not be adequate.
Explanation
Application examples
Scenario
Raj promises to gift his car to Priya without any exchange. Priya agrees but undertakes no burden in return. Months later, Raj changes his mind and refuses to hand over the car. Priya sues for specific performance, arguing that Raj made a binding promise.
Analysis
This contract lacks consideration. Priya has assumed no detriment — she gave nothing, promised nothing, and undertook no burden. Raj received no benefit either. Although Raj's promise was clear and Priya accepted it, the absence of consideration means no binding contract was formed. This is a mere gratuitous promise, which the law does not enforce as a contract, unless it was made by deed or the gift was completed through actual delivery.
Outcome
Priya's suit fails. Raj is not bound to deliver the car because the promise rests on no consideration. However, if Raj had handed the car to Priya and then demanded it back, Priya would retain it because a completed gift cannot be revoked, even though the original promise lacked consideration.
Scenario
A builder agrees to construct a house for a customer for a price of Rs. 50 lakhs. During construction, the builder discovers that materials will cost much more than anticipated and demands an additional Rs. 10 lakhs. The customer refuses, arguing that the original price fixed the full obligation and no fresh consideration exists for the increase.
Analysis
The customer is correct. The promise to pay an additional Rs. 10 lakhs lacks fresh consideration because the builder was already contractually bound to construct the house for Rs. 50 lakhs. The builder is not undertaking any new burden; he is merely performing his pre-existing obligation. For the promise of extra payment to be binding, the builder would need to offer something beyond the original contract — such as superior materials, faster completion, or a higher quality finish — which would constitute fresh consideration.
Outcome
The customer need not pay the additional Rs. 10 lakhs. The builder's claim fails for want of consideration. However, if the builder had abandoned the project or if the customer had agreed to reduce the scope of work in exchange for lower payment, fresh consideration would exist and the modification would bind both parties.
Scenario
A shopkeeper employs Vikram as a clerk. Years later, Vikram falls seriously ill and is unable to work. The shopkeeper, as an act of kindness, promises to pay Vikram Rs. 500 monthly as long as he lives, even though Vikram no longer works. The shopkeeper makes this promise verbally and begins payment. After six months, the shopkeeper stops paying and claims the promise was gratuitous.
Analysis
This scenario tests whether past services constitute consideration. Here, Vikram rendered services in the past (during his employment), and the promise was made afterwards. The question is whether there was an implied understanding at the time Vikram worked that he would receive support in times of need. If no such understanding existed and the promise was purely voluntary, it lacks consideration. However, if Vikram's past services were understood as given with the expectation of future security, consideration may exist as a continuing exchange. The circumstances determine whether past consideration applies.
Outcome
If the promise was purely gratuitous, it is unenforceable and the shopkeeper may stop payment. However, if the shopkeeper's promise was made on the understanding that Vikram's past loyalty and service earned him future support, consideration exists and the promise becomes binding. Once the shopkeeper began paying, he may also face claims of quasi-contract if he abruptly ceases, as Vikram may have relied on the promise.
How CLAT tests this
- Examiners present scenarios where consideration appears to exist but is actually illusory — for example, a promise to do what one is already legally obligated to do (such as a vendor promising to deliver goods he is contractually bound to deliver, and demanding extra payment for this 'promise'). Students must recognize that no fresh consideration arises from pre-existing duties.
- CLAT often reverses party roles by having the promisor demand something from a third party as consideration, then asks whether the promisee has furnished consideration. Students must remember that consideration must move from the promisee (the person asking for the promise), not to the promisor directly, and certainly not from a third party unless the promisee arranged it on the promisor's behalf.
- A frequent confusion arises between consideration and estoppel: estoppel may prevent a party from going back on a promise even without consideration, but estoppel is a defence to non-performance, not a substitute for consideration in contract formation. Examiners may ask whether a party is bound by a promise under estoppel or contract, testing whether students conflate these doctrines.
- CLAT often includes fact patterns where consideration is present but hidden in subtle language — for instance, a promise coupled with a condition ('I will pay your university fees if you score above 90%') contains consideration embedded in the condition, yet students may overlook it and assume no consideration exists because the consideration depends on a future event.
- Examiners sometimes introduce elements of family law (such as promises made in contemplation of marriage) or trust law (such as obligations of a trustee) and ask whether consideration is required. Students must recognize that while consideration is fundamental to contract law, certain promises in family arrangements or trusts may be enforceable on different principles, and importing contract rules wholesale leads to incorrect answers.