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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. 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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  1. Capacity to contract Person not competent to make contract Minor Person of unsound mind Person disqualified by law

  2. 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

  3. 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

  4. Persons Disqualified by Law • Alien enemies • Foreign Sovereigns • Insolvent • Convict • Corporation

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