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Indian Contract Act, 1872

Section 84

Presumption of consideration for promise to pay debt barred by limitation, in favour of creditor

Quick Answer Reference: Section 84 Contract Act

  • Provision: Section 84 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 84 of Contract Act say?

Section 84 of the Indian Contract Act, 1872, further elaborates on the presumption of consideration in favor of the creditor when a promise is made to pay a debt barred by limitation. The section states: 'Where a creditor, without being compellable to do so, promises to give time to the debtor for payment of the debt, or promises not to sue the debtor, the promise shall be presumed to be made for consideration.' This provision strengthens the position of the creditor by presuming that any concession made by the creditor to the debtor, such as giving more time to pay or agreeing not to sue, is supported by consideration. This presumption is significant because it protects the creditor's interests and encourages debtors to honor their obligations, even after the limitation period has expired.

Indian StandardSection 84, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 84 (India)
Court Pleading StandardSection 84 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/84

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 84 Contract Act

What is Section 84 of Contract Act?

Section 84 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Presumption of consideration for promise to pay debt barred by limitation, in favour of creditor". The section states: Section 84 of the Indian Contract Act, 1872, further elaborates on the presumption of consideration in favor of the creditor when a promise is made to pay a debt barred by limitati...

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