Section 185 of the Indian Contract Act, 1872 -A Redundant Section
By
Sidheswar Mishra
S. 185 of the Indian Contract Act, 1872 runs as follows
“Consideration not necessary — No consideration is necessary to create an Agency”.
But from the following discussions, we can find out that any contract of Agency, at the time of the creation of the Agency provides lawful consideration for both parties — Principal and Agent.
First of all, we have to clear our doubts about the term “Consideration”. Consideration has been defined in a number of ways. One of the simplest definitions given by Blackstone is
“Consideration is the recompense given by the party contracting to the other”. According to Pollock in “Pollock on Contracts”, 13th Edn. P. 133 “Consideration is the price for which the promise of the other is bought and the promise thus given for value is enforceable”.
Justice Patterson in Thomas v. Thomas, (1842) 2 QB 851, 859, says
“Consideration ....