Mr. A was running an orphanage. His friend Mr. S, a Philanthropist agreed to who suffering from was donate 2 lakh for treatment of a child, cancer. On emergency Mr. A incurred 1.5 lakh on treatment of child. Now Mr. S refused to pay. Whether Mr. A can claim 1.5 lakh from Mr. S with reference to provisions of The Indian Contract Act, 1872?

The general rule is that an agreement made without consideration is void (Section 25 of the Indian Contract Act, 1872). However, in the following case, the agreement though made without consideration, will be valid and enforceable. Charity: If a promisee undertakes the liability on the promise of the person to contribute to charity, there the contract shall be valid. In the instant case, Mr. A can claim 1.5 lakh from Mr. S.