Quid Pro Quo

Literal Translation

Something for something.

Definition

The legal maxim is of latin origin meaning “what for what” or “something for something”. It is the exchange of things of similar value. a valid and binding mutual consideration agreed upon by two parties in a contractual agreement commonly used as giving of one valuable thing for another. For the formation of a valid contract between two parties, who are not merchants, quid pro quo is an essential element. The presence of a quid pro quo acts as a surety which indicates the sincerity of both the parties in fulfilling the contract.

Illustration

Case Law

State of UP Sitapur Packing Wood Suppliers, (AIR 2003 SC 2165)

The Apex court held the question of quid pro quo is necessary when a fee is compensatory,for every fee paid quid pro quo is not necessary.

 

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