capacity to contract

8
Sayed Eqbal 12033

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Page 1: Capacity to contract

Sayed Eqbal 12033

Page 2: Capacity to contract

*According to section 11 of the INDIAN contract act:

“ Every person is competent to contract who is of the age of majority according to the law to which he is subject, & who is of sound mind, and is not disqualified from contracting by any law to which he is subject.”

Page 3: Capacity to contract

*Minors, who are not of the age of majority.

*Persons of unsound mind, and

*Persons disqualified to contract by any law

Page 4: Capacity to contract

*Who is a minor – Acc. To sec 3 of Indian majority act, 1875, a minor is a person who has not attained the age of 18 years.

Page 5: Capacity to contract

*According to sec 12:“ A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it & of forming a rational judgment as to its effect upon his interest.”

Page 6: Capacity to contract

*Idiots – has completely lost their mental powers

*Lunatic – the person losses the capacity due to the illness of brain or mental bodily distress.

*Drunkenness

Page 7: Capacity to contract

*Alien enemy

*Insolvents- all property in hand of Official assignee. He can enter into contract when court passes an order of discharge

*Convicts – persons who are sentenced to imprisonment cannot enter into contract during that period).

Page 8: Capacity to contract

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