Quid pro quo – Something for something.
Meaning of Quid Pro Quo
Quid pro quo is a Latin phrase that literally means “something for something”. In law, it refers to an arrangement where one party gives something of value in exchange for something else of value. Essentially, it emphasizes mutual consideration, where each party to a contract or agreement receives a benefit and incurs a detriment.
It is a foundational principle in contract law. For a contract to be valid, there must be:
Offer – One party proposes something.
Acceptance – The other party agrees.
Consideration – Each party must provide something in return, i.e., quid pro quo.
Without quid pro quo, an agreement may lack consideration and thus be unenforceable.
Quid Pro Quo in Indian Law
In the context of Indian law, the principle of quid pro quo is captured under Section 2(d) of the Indian Contract Act, 1872, which defines consideration:
“When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.”
Here, the exchange of consideration is literally quid pro quo — something is given in return for something.
Example:
If A promises to sell a car to B for ₹5,00,000, A’s car is given in exchange for B’s money. Both sides are giving something and receiving something — a perfect quid pro quo.
Key Features of Quid Pro Quo
Mutuality of Obligation – Each party must be obligated to do something in return.
Lawful Consideration – The thing exchanged must be legal.
Value – Both parties must give something of value, although not necessarily equal in monetary terms.
Intention to Create Legal Relations – Both parties intend for the transaction to be legally binding.
Case Law Illustrations
Currie v Misa (1875) LR 10 Ex 153 – England
Facts: Consideration involves some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, or loss suffered by the other.
Principle: Quid pro quo exists when one party suffers a detriment or confers a benefit in exchange for a promise.
Chinnaya v Ramayya (1882) 7 Mad 286 – India
Facts: A father promised to give property to his son if the son gave up his claim to ancestral property.
Principle: Valid consideration exists because the son gave up something (his claim) in exchange for a promise of property — a classic quid pro quo.
Lakshmi Ratan v. Union of India (AIR 1957 SC 1012) – India
Emphasized the mutual obligation and exchange of consideration in contractual agreements.
External Law / Other Legal Contexts
1. Employment Law / Harassment Cases:
Quid pro quo is often used in employment and sexual harassment contexts.
Example: Quid pro quo sexual harassment occurs when submission to or rejection of unwelcome sexual conduct is used as a basis for employment decisions.
US Law Reference: Title VII of the Civil Rights Act of 1964.
2. Contract Law (US/UK):
In US law, “quid pro quo” is essential for a contract: both parties must provide consideration.
Example: Hamer v. Sidway, 124 N.Y. 538 (1891) – A nephew gave up his legal rights to drink/smoke in exchange for money promised by his uncle. The court recognized this as valid consideration.
Summary
Quid pro quo = something for something.
It is the foundation of consideration in contracts.
Requires mutual benefit/detriment.
Recognized in Indian Contract Law (Sec. 2(d)) and internationally.
Case laws: Currie v Misa, Chinnaya v Ramayya, Hamer v Sidway.
Also applies in employment law and international law contexts.
✅ In short, any legally enforceable promise generally requires a quid pro quo, ensuring fairness and reciprocity in agreements.
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