Wednesday, October 24, 2007

Contract Act_Practical Problems_50

A Mohammedan lady asks for your advice whether she can sue her own father-in-taw to recover arrears of allowance payable to her by the father-in-law under an agreement between her own father and her father-in-law in consideration of her marriage. Give reasons for your answer.
Although the general rule of law is that a stranger to a contract cannot sue, it has been widely accepted that a beneficiary of a contract may do so. Similar facts appeared before the Court in the case of Kwaja Muhammad v. Haisaini Begum and the court allowed the lady, the daughter-in-law, to claim the arrears to allowance agreed to be payable under an agreement with his father in consideration of her marriage. Thus, in the present case, lady shall succeed in her case.

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