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and the wife that the husband would send £ 30 to wife
CONTRACT-I/GENERAL CONTRACTS every month is an agreement of domestic nature, not
creating any legal relationship and hence the wife could
SOLVED PROBLEMS not legally enforce the agreement.
1. ESSENTIALS OF CONTRACT (Sec.10)
PROBLEM NO. 2
PROBLEM NO. 1
Anand says in a conversation to Ravi that he
will give Rs. 25,000 to a person who so ever marries
A husband enters into an agreement with his
his daughter. Ramu marries Anand’s daughter and
wife under which he promises to pay her an allowance files suit for recovery of Rs. 25,000/- will he succeed?
and she to refrain from pledging his credit. Is it a
valid contract? A NSWER :
As per Sec. 10 of the Indian Contract Act, one of
A NSWER :
the essential elements of a valid contract is that there
No. it is not a valid contract, because there is no must be intention to create legal relationship between
intention to create legal relationship between husband parties. It there is no such intention to create legal
and wife which is of domestic in nature. relationship on the part of both the parties, then there
is no contract between them.
As per Sec. 10 of the Indian Contract Act, one of
the essential elements of a valid contract is that there Ramu cannot succeed in his suit because the
must be intention to create legal relationship between promise of Anand has not created any legal obligation
parties. It there is no such intention to create legal to Ramu. An offer must give rise to legal relationship
relationship on the part of both the parties, then there i.e., legal obligation and not social obligation.(Sec.10)
is no contract between them.
Further, Anand’s conversation with Ravi that he
The facts of the case resemble the leading case will give Rs. 25,000/- to a person who so ever marries
Balfour Vs. Balfour, (1919) 2 K.B. 571, wherein the his daughter is merely a declaration of his intention
which is not an offer.
Court held that an agreement between the husband
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PROBLEM NO. 3 PROBLEM NO. 4
Husband, upon divorce, promised his wife Rs. 3,000 ‘H’ a husband promised to pay Rs. 3,000 as a
a year as permanent allowance. In reliance upon his household allowance every month, to his wife ‘W’
promise the wife forbore to apply to the court for Later ‘H’ defaulted in his promise. ‘W’ sued for the
allowance. Discuss.
maintenance. The husband failed to make the payments
and the wife sues him on the promise – Decide.
(Same as Problem No.1, Page No. 1)
A NSWER :
The wife cannot succeed because the promise of
her husband has not created any legal obligation to his PROBLEM NO. 5
divorced wife.One of the rules of offer is that the offer
‘A’ agrees to pay his postman Rs. 100 per
must give rise to legal relationship i.e., legal obligation
month if the postman delivers his letters promptly.
and not social obligation.(Sec.10) Is that agreement enforceable?
A NSWER :
The facts of the problem are similar to Balfour Vs.
Balfour, (1919) 2 K.B. 571): wherein the husband No. It is not a valid contract and hence not
promised to pay his wife a maintenance allowance of enforceable.
£ 30 every month. Later both the husband and the wife
got separated and the husband failed to pay the amount. Sec. 10 of Indian Contract Act, 1872 describes
essentials of a valid contract.
The wife sued for the allowance. The Court held
that the agreement is of such nature which was outside According to Sec. 10, all agreements are contracts,
if they are made by the free consent of parties, competent
the realm and scope of contract and does not create
to contract, for a lawful consideration and with a lawful
any legal obligation.
object and are not expressly declared to be void by law.
No. it is not a valid contract, because there is no
intention to create legal relationship between husband
and wife which is of domestic in nature.
