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Consideration
It may be - past,
- present or
- future.
It may consist of an
- act,
- abstinence or
- promise.
Strangers to Contract
A stranger may be
a stranger to the
contract, or
a stranger to the Consideration.
1. Stranger to Contract: A agrees with B for a
sum of Rs.1 lac, to do some service to C.
C is stranger to the Contract. The parties
to the contract are only A and B.
A person who is not a party to the
contract is the stranger. Such a party
neither makes nor accepts an offer.
However,
his name was referred in the contract.
Strangers to Consideration
Case Law
Dunlop made tyres. It did not want them
sold cheaply but to
maintain a standard resale price.
It agreed with its dealers not to sell them
below its recommended retail price.
It also bargained for dealers to get the
same undertaking from their retailers.
If retailers did sell below the list price,
they would have to pay 5 a tyre in
liquidated damages to Dunlop.
In this case M/s. Dew & Co was a dealer
and M/s. Selfridge a retailer under him.