Avi Kapoor, O.P. Jindal Global University
ABSTRACT
Given the essentiality accorded to the doctrine of consideration by legislations governing contracts across Common Law jurisdictions, it becomes important to critically analyze the intricate differences that arise between these jurisdictions. Although the English Law has long been the authority on contract theory, there are instances of jurisdictions stepping away from English principles. One such instance is that of Past Consideration and the question of its validity. It has long been the English rule that past consideration cannot be valid, however, the Indian law on contracts adopts an opposite approach. This essay compares and analyses the differences in the rationales behind the contrary positions of law taken by these jurisdictions.
