Case Law of Kadarnath vs Gorie Mohammad

Overview

The Kadarnath vs Gorie Mohammad case is an important case in Indian contract law. It deals with the concept of consideration, which is an essential element of a contract. The case was decided by the Calcutta High Court in 1899.

Facts of the Case

Kadarnath, the plaintiff, entered into an agreement with Gorie Mohammad, the defendant, to sell him certain goods. As per the agreement, the defendant was required to pay the plaintiff a sum of money, which he failed to do. The plaintiff filed a suit against the defendant for breach of contract.

The defendant argued that the agreement was not enforceable as there was no consideration provided by the plaintiff. The plaintiff, on the other hand, argued that he had provided consideration by promising to sell the goods to the defendant.

Decision of the Court

The court held that the agreement was enforceable as there was consideration provided by the plaintiff. The court observed that consideration need not be monetary in nature, but could also be in the form of a promise to do or not to do something.

In this case, the plaintiff had promised to sell the goods to the defendant, which was a valid consideration. The court also held that the defendant had breached the contract by failing to make the payment, and hence, was liable to compensate the plaintiff.

Significance of the Case

The Kadarnath vs Gorie Mohammad case is significant as it established the principle that consideration need not always be monetary in nature. It can also be in the form of a promise to do or not to do something. This principle has been upheld in several subsequent cases and is now a well-established principle of Indian contract law.

Conclusion

The Kadarnath vs Gorie Mohammad case is an important case in Indian contract law as it established the principle that consideration need not always be monetary in nature. It can also be in the form of a promise to do or not to do something. This principle has been upheld in several subsequent cases and is now a well-established principle of Indian contract law.

In this case kadarnath promises gorie Mohammed tht he would pay for the repairs of mosque which was managed by gorie
later he refuses to pay the consideration promised stating there was no consideration for him
court declared tht in such cases there is no requirement for the consideration.
court also declared tht if gorie has invested some amount for the repairs after kadarnath promise.then gorie can claim only the amount he invested but if gorie had not invested any amount he cannot claim any amount from kadarnath