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 burden of proving that it was not executed for consideration lies on the party who alleges that it was not so executed."
🔍 Explanation:
This section deals with burden of proof in the context of written contracts. It provides that:
If there is a written contract, it is presumed under law to have been made with consideration.
The person who wants to challenge this (i.e., claims that no consideration was involved) has to prove it.
This reinforces the legal principle that consideration is essential for a valid contract under Section 10 of the Indian Contract Act.
⚖️ Example:
If A signs a written agreement to sell his car to B for ₹1 lakh, it is presumed that consideration exists.
If A later claims he signed it without receiving any money, A has to prove that the contract was without consideration.
🧠 Key Takeaways:
Applies only to written contracts.
Protects the presumption of validity of such contracts.
Shifts burden of disproof to the person who alleges lack of consideration.
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