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A rescuer voluntarily saves a parent’s child from drowning. The rescue does something the parent was…

Section 25(2) makes a promise to compensate enforceable where the promise concerns an act voluntarily done for the promisor or an act the promisor was legally bound to do.…

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A rescuer voluntarily saves a parent’s child from drowning. The rescue does something the parent was legally bound to do. Afterward, the parent promises to pay the rescuer ₹1,000 for the rescue. Under the Indian Contract Act, 1872, what is the effect of the promise?

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Answer and explanation

Correct answer D

Section 25(2) makes a promise to compensate enforceable where the promise concerns an act voluntarily done for the promisor or an act the promisor was legally bound to do.

The rescuer performed the parent’s duty before the parent made the promise. Illustration (d) likewise illustrates a later promise to compensate someone who has supported the promisor’s infant son.

Option feedback

Option A

Section 25(2) supplies a contractual basis for the later promise. Section 70 concerns a separate claim with its own elements.

Option B

Section 25(2) expressly covers past voluntary acts in the circumstances it specifies. An advance request is unnecessary here.

Option C

The earlier timing is consistent with section 25(2), which applies after the voluntary act has been done.

Option D

The parent promised compensation for a voluntary act that performed the parent’s own legal duty.

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