The mother owes Rs. 10000 to her daughter. By this debt has become bar...
The mother is liable to pay her daughter since she has signed a written agreement with her..
The mother owes Rs. 10000 to her daughter. By this debt has become bar...
Contract and Limitation Act:
The Limitation Act is a law that sets a time limit for when a legal action can be initiated. It provides a time period within which a person can file a lawsuit to enforce their rights. Once the time limit specified by the Act has expired, the claim becomes time-barred, meaning that it cannot be enforced through legal proceedings.
Analysis of the Scenario:
In this scenario, the mother owes Rs. 10,000 to her daughter, but the debt has become barred by the Limitation Act. Subsequently, the mother signs a written promise to pay Rs. 3,000 on account of the debt. We need to determine the validity and enforceability of this promise.
Option A: There is no contract because the debt is already barred by the limitation and cannot be revived by a subsequent promise.
This option is incorrect because the Limitation Act does provide for certain exceptions where a time-barred debt can be revived by a subsequent promise. Therefore, the mere fact that the debt is time-barred does not automatically render any subsequent promise invalid.
Option B: There is no contract because the mother has promised to give only a part of the time-barred debt.
This option is also incorrect because the mother's promise to pay Rs. 3,000 on account of the debt is a valid and enforceable promise. The fact that it is only a partial payment does not invalidate the promise.
Option C: This is enforceable against the mother because such a promise is valid and binding under the Act.
This option is correct. As per Section 25(3) of the Indian Contract Act, a time-barred debt can be revived by a subsequent promise to pay the debt, even if it is only a partial payment. The mother's written promise to pay Rs. 3,000 on account of the debt is a valid and binding promise, despite the debt being time-barred. Therefore, the daughter can enforce this promise against the mother.
Option D: None of the above.
This option is incorrect as the correct answer is option C.
Conclusion:
In this case, the mother's promise to pay Rs. 3,000 on account of the time-barred debt is valid and enforceable under the Indian Contract Act. The daughter can take legal action to enforce this promise and recover the promised amount from her mother.