Capacity to contract
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Capacity to contract. Person not competent to make contract Minor Person of unsound mind Person disqualified by law. Rules regarding minor’s agreement. Nature of minor agreement--- Mohori Bibee’s Vs Dharmodaas case No Ratification- (new bond execution for old transaction and bond)

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Capacity to contract

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Capacity to contract

Capacity to contract

Person not competent to make contract

Minor

Person of unsound mind

Person disqualified by law


Rules regarding minor s agreement

Rules regarding minor’s agreement

  • Nature of minor agreement---MohoriBibee’s Vs Dharmodaas case

  • No Ratification- (new bond execution for old transaction and bond)

  • No Estoppel against minor

  • Minor can be promisee- (e.g Insurance case)

  • Liability for torts

  • No insolvency

  • Partnership

  • Minor can be an agent

  • Joint contract by minor &adult

  • Surety for minor


Persons of unsound mind unsoundness may arise from

Persons of unsound mindUnsoundness may arise from:

Idiocy- person with no interval of insaneness

Lunacy- disease of brain due to mental stress. He may have intervels of insanity

Drunkenness

Hypnotism- artificial induced sleep

Mental Decay-On account of old age


Persons disqualified by law

Persons Disqualified by Law

  • Alien enemies

  • Foreign Sovereigns

  • Insolvent

  • Convict

  • Corporation


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