Section 110 The Indian Contract Act, 1872
Section 110 – The Indian Contract Act, 1872
Title: Burden of proof as to consideration
📜 Bare Act Language:
When a contract is reduced to writing, the person signing it is presumed to have done so for consideration, and the burden of proving that no consideration passed lies on him.
🔍 Explanation:
This section deals with burden of proof in cases involving consideration (i.e., something in return). If a person has signed a written contract, the law presumes that it was made with valid consideration. If that person later claims that there was no consideration, he/she must prove it.
🧠 Key Points:
Applies to written contracts only.
Protects the presumption of validity of written agreements.
Shifts the burden onto the person challenging the existence of consideration.
⚖️ Example:
If A signs a written agreement to sell a bike to B for ₹10,000, the law presumes that A is getting ₹10,000 as consideration. If A claims later that B didn’t pay anything, A has to prove that no money was actually received.
RELATED Blog
0 comments