Court case(1886) ILR 14 Cal 64

Kedar Nath Bhattacharji v. Gorie Mahomed Kedar Nath v. Gorie Mahomed

(1886) ILR 14 Cal 64 · Calcutta High Court · 1886

PrincipleA charitable promise is binding once the promisee has incurred liability in reliance on it.

Facts

The defendant subscribed Rs 100 towards building a town hall at Howrah. On the strength of the subscriptions the commissioners engaged a contractor and started the work. The defendant then refused to pay.

Held

The court held that the promisee had, at the promisor's request and on the faith of the subscription, entered into a contract with the builder and incurred liability. That act was consideration for the promise, which was therefore enforceable to the extent of the liability incurred.

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