Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:
Durga Prasad V. Baldeo (1880, 3All 221), is a leading case related to which of the following subject?
Options:
Capacity to contract
Consideration
Discharge of contract
Offer
Correct Answer:
Consideration
Explanation:
In Durga Prasad V. Baldeo (1880, 3All 221), the plaintiff constructed some shops at the request of the District Collector in a town. The constructed shops were given for rent for doing business to the defendant. The defendant, apart from the rent, promised to give 5% commission to the plaintiff on all articles sold through the shop in consideration of the huge amount spent by the plaintiff in the construction of the building. The defendant failed to pay the commission and the plaintiff initiated action to recover the commission. The Court rejected the action of the plaintiff on the ground that the construction of shop was done at the desire of the District Collector and not on the desire of the defendant and hence there was no consideration to give commission. Accordingly, there is no valid contract to pay commission to the plaintiff.