the competency of the parties to contract
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Introduction to Legal System
ToProf. Vignesh Mishra
By Tapish Pandey
©® Tapish Pandey
Tuesday, 27 March 2012
The Competency of the Parties to Contract under Indian Contract
Act 1872.
The Competency of the Parties to Contract under Indian Contract
Act 1872.
The Competency of the Parties to Contract under Indian Contract
Act 1872.
©® Tapish Pandey Tuesday, 27 March 2012
Section 11 of the Indian Contract Act states that
“Every person is competent to contract,
Who is the age of majority, who is of sound mind and
who is not disqualified fromContracting by law.”
©® Tapish Pandey Tuesday, 27 March 2012
They have attained the age of majority
They are of sound mind They should not disqualified from contracting by any other law to which they are subject.
Capacity to contract
©® Tapish Pandey Tuesday, 27 March 2012
Minors Person of unsound mind
Persons disqualified by any other law of the land
Not competent to contract
©® Tapish Pandey Tuesday, 27 March 2012
Incapacity
Minority
Unsound mind
Lunatic
Idiot
Drunkard
Disqualifi
ed by law
Alien Enem
y
Convicts
Corporation
©® Tapish Pandey Tuesday, 27 March 2012
Minors
According to section 3 of the Indian
Majority Act “A minor is a person who
has not completed eighteen year of age.”
but the some Act also explains that in two
cases a person attains majority only after
he completes his age of twenty one year :
©® Tapish Pandey Tuesday, 27 March 2012
Where a court has appointed guardian
of a minor’s person or property or
both.(under the guardians and wards)
Where the minor’s property has been
placed under the superintended of a
court of wards. Tuesday, 27 March 2012©® Tapish Pandey
Law relating to minor's agreementA minor can take advantage of his acts but does not incur any kind of obligation.
He can not be personally liable for any of his wrongs.
No legal action can be taken against him for his misbehavior or false promises.
©® Tapish Pandey Tuesday, 27 March 2012
Person of unsound mind IdiotLunatic Seriously IllDrunkard Hypnotized persons
Mental decay
©® Tapish Pandey Tuesday, 27 March 2012
An idiot is a person who is unsound mind by birth.
Idiot
Seriously ill
A person suffering from high fever is also not capable of understanding the nature and implications of a agreement .
©® Tapish Pandey Tuesday, 27 March 2012
A person whose mental powers are deranged is called a lunatic. Agreement made with lunatic , except those made during lucid intervals(period in which he is in his senses) is void .
Lunatics
©® Tapish Pandey Tuesday, 27 March 2012
A person under the influence of drink or drugs stands on the same footing as lunatic. An agreement with drunker is void.
Drunkards
©® Tapish Pandey Tuesday, 27 March 2012
Persons disqualified by laws Alien enemy Foreign sovereigns,
diplomatic staff Corporations and
companies Insolvents Convicts Perdanasheen
women ©® Tapish Pandey Tuesday, 27 March 2012
©® Tapish Pandey
Alien Enemy a person who is not a citizen of India is called an alien.ConvictsConvict is incapable of entering into contract. And the incability ends when sentence expires or punishment finish.
Tuesday, 27 March 2012
:
CorporationA company is artificial person created by law. It can only contact through its board of directors.
©® Tapish Pandey Tuesday, 27 March 2012
Section 11 of the Indian Contract Act 1872 specifies that every person is competent to contract provided -
He should not be a minor.
He should be of sound mind while making a
contract.
he is not a person who has been personally
disqualified by law.
Conclusion
©® Tapish Pandey Tuesday, 27 March 2012
Thank You
©® Tapish Pandey Tuesday, 27 March 2012
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